Day on Torts
The Tennessee Supreme Court has granted permission to appeal in two cases that address the issue of apparent agency. In both cases plainitffs seek to impose liability on a hospital for the acts of a doctor. The cases have been consolidated for appeal.
One case is DeWald v. HCA Heatlh Services of Tennessee, No. M2006-02369-COA-R9-CV (Tenn. Ct. App. June 12, 2007);. This case involves an ER physician. Read the opinion here.
The other case is Boren v. Weeks, No. M2007-00628-COA-R0-CV (Tenn. Ct. App. June 12, 2007). This case also involves an ER physician. Read the opinion here.
Judge Clement wrote the opinion he both cases. In both cases the Court of Appeals ordered that the claim of apparent agency against the hospital should be dismissed.
Expect an opinion in the late winter, early spring of 2008,