June 16, 2020

Wicks v. Antelope Valley Healthcare District (2020) 49 Cal.App.5th 866

Plaintiff went to a hospital emergency room for stomach, chest, and neck pain. Hospital nurses and two ER doctors evaluated him. He was then discharged with instructions to see a cardiologist the next day, but he died eight hours later. His family sued the hospital, alleging among other things that the ER doctors, although independent contractors, were ostensible agents of the hospital.

The trial court granted summary judgment for the hospital and the Court of Appeal affirmed. On the ostensible agency issue, the court held the ER doctors were not ostensible agents of the hospital because the hospital admissions forms provided clear notice that the ER physicians were independent contractors.