California Court of Appeal

In a wrongful death action, the trial court's grant of defendant's motion for summary judgment, on grounds that the emergency room physician who failed to diagnose and treat decedent's brain hemorrhage was not an ostensible agent of the hospital, is reversed where plaintiffs have presented triable issues of material fact whether their the decedent entrusted herself to the hospital, whether the hospital selected the physician, whether decedent reasonably believed the doctor was an agent of the hospital, and whether the form and signage could give notice of the employment status of the emergency room physician to a patient suffering acute pain at a meaningful time in a meaningful manner.

Appellate Information

• Decided 06/09/2015
• Published 06/09/2015

Judges

• RAYE

Court

• California Court of Appeal

Counsel