Kelly Neufville Obtained a Final Summary Judgment in a Medical Malpractice Claim for a Hospital
Kelly Neufville recently obtained a Final Summary Judgment in a medical malpractice claim representing a Defendant hospital where the Plaintiff filed a medical malpractice Complaint alleging negligence against a radiologist, vicarious liability of the radiologist’s practice group, and further alleging vicarious liability against the Defendant hospital through theories of both actual agency and apparent agency. The Court heard arguments on the Defendant’s Motion for Summary Judgment and, after extended deliberation, ultimately agreed that the Plaintiff failed to meet the burden of establishing the elements of actual agency. As to apparent agency, the Plaintiff focused her argument on the potential for an exception to establishing the elements of apparent agency based on an emergent situation; however, the Court found that no record evidence existed that allowed the Plaintiff to believe the radiologist was an agent of or had authority to act for the hospital, nor that she justifiably relied upon that belief in accepting treatment. Defendant’s Motion for Summary Judgment was granted, and Final Summary Judgment was entered in favor of the Defendant hospital.






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