Reyes

INTRODUCTION

In this medical malpractice case, we find there is an inference that an independent contractor physician is the ostensible agent of a hospital where an injured plaintiff sought treatment, and the plaintiff reasonably did not know of the physician’s independent status. Accordingly, we hold that a hospital sued for an independent contractor physician’s alleged malpractice must negate the inference of ostensible agency, by establishing the plaintiff knew or should have known the physician was not the hospital’s agent or employee, in order to obtain summary judgment. On appeal, Plaintiff Maria Reyes contends Defendant Glendale Memorial Hospital (Glendale Hospital) failed to meet the foregoing burden, insofar as the hospital did not address the issue of ostensible agency in its summary judgment motion or separate statement of undisputed facts. We agree and reverse.

FACTS1 AND PROCEDURAL BACKGROUND

On December 17, 2011, Plaintiff presented to the emergency department, or ER, at Glendale Hospital complaining of pain in her left knee caused by a fall earlier that morning. According to her medical records, Plaintiff scored her pain level at “10/10” upon admission. ER…