Baptist Memorial Hospital System v. Sampson

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that a “prerequisite 39 to a proper finding of apparent authority is evidence of conduct by the principal”
• holding that apparent agency in Texas is based on “the notion of estoppel, that is, a representation by the principal causing justifiable reliance and resulting harm.”
• recognizing that an injured patient “may retain a direct cause of action against [a] hospital if the hospital was negligent in the performance of a duty owed directly to the patient”
• noting that, under doctrine of respondeat superior, employer is vicariously liable for tortious acts of employee acting within scope of employment
• noting that hospital posted signs in the emergency room notifying patients that physicians were independent contractors and provided patients with consent forms that informed patients of physicians’ independent-contractor status
• holding medical practice is generally not vicariously liable for the negligence of physicians who, rather than the practice, have the right to control the means and methods of their own work

Source: CourtListener parenthetical corpus (CC0).