§ 27-23 Medical Malpractice - Hospital's Liability Under Doctrine of Ostensible Agency for Health Care Rendered by Independent Contractor Physicians

• Library: South Carolina Requests to Charge - Civil (SCBar) (2016 Ed.)

§ 27-23 Medical Malpractice - Hospital's Liability under Doctrine of Ostensible Agency for Health Care Rendered by Independent Contractor Physicians

One who employs an independent contractor to perform services for another which are accepted in the reasonable belief that the services are being rendered by the employer or by his servants, is subject to liability for physical harm caused by the negligence of the contractor in supplying such services, to the same extent as though the employer were supplying them himself or by his servants.

In order to establish liability, a plaintiff must show:

(1) the hospital held itself out to the public by

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