In a case involving a D.C. hospital, Goodell DeVries partner Jared Green represented the institution against allegations of negligent treatment of a leg wound. Notably, all accusations were directed at doctors who were neither employees nor agents of the hospital. Jared filed a Motion for Summary Judgment, asserting that the hospital could not be vicariously liable for the actions of non-employee/non-agent doctors, given the District of Columbia’s non-recognition of apparent or ostensible agency in cases of alleged medical negligence.
The court agreed, granting summary judgment in the hospital’s favor, finding there was no binding precedent that allowed the court to adopt the theories of ostensible or apparent agency to hold the hospital liable for actions of physicians that were not its employees or agents.
