Question

PLEASE ANSWER THE FOLLOWING (T/F):

1. The theory of ostensible or apparent agency may be used to hold a hospital liable for the acts of a non-employed physician, if the patient reasonably believes that physician was one of the hospital’s employees

a. True

b. False

2. Because most lay people understand how residents in a nursing home should be cared for, expert testimony is not necessary to prove there was medical negligence.

a. True

b. False

3. In a staff-model HMO, the respondeat superior doctrine does not apply to a physician’s negligence.

a. True.

b. False.

4. The attorney-client privilege is only invoked once an individual or organization becomes a client.

a. True

b. False

Answer 1

Q1) True- As Per Ostensible or Apparent Agency Doctrine. Hospitals maybe liable for the actions of a physician even if no employment relationship exists. This rule only considers if there was an Agency relationship which existed or appeared to exist in the case to base its decisions

Q2) False- Two common requirements for non-requirement of expert testimony are 1) doctrine of common knowledge and 2) violation of statutes. These are considered during situations where the plaintiff can provide evidence for injury which creates a probability so strong that a layperson can form for himself a reasonable belief without hearing from the expert.

Q3) False-In staff HMO model the health care providers are employees of HMO, and hence the HMO in most cases will be susceptible to liability for their acts under the theory of respondent superior

Q4) True- One requirement of attorney client privilege is that the person who asserts the privilege must be an actual client or an attempted client to attorney when the disclosure was made