3. [§ 3.61] Hospital As Defendant

• Jurisdiction: Maryland

3. [§ 3.61] Hospital as defendant

Although this Complaint only includes an action against the negligent surgeon, malpractice suits may also be brought against a hospital. As with physicians, the "national" standard of care is applied to hospitals. However, that standard of care will vary depending on factors, such as advances in the profession and the availability of special facilities. Reed v. Campagnolo, 332 Md. 226, 233, 630 A.2d 1145, 1148 (1993); Shilkret v. Annapolis Emergency Hosp. Ass'n, 276 Md. 187, 192-03, 349 A.2d 245, 248-54 (1975).

When bringing an action against a hospital, the plaintiff is required to demonstrate that the physician was acting as an agent of the hospital if he or she wishes to hold the hospital liable for the physician's negligent acts. Hetrick v. Weimer, 67 Md. App. 522, 508 A.2d 522 (1986), rev'd on other grounds, 309 Md. 536, 525 A.2d 643 (1987).

In Mehlman v. Powell, 281 Md. 269, 378 A.2d 1121 (1977), the Court recognized apparent authority as a basis for an action against a hospital. A plaintiff who relies on an apparent agency theory must show: (1) that the plaintiff was mislead by appearances by the purported principal into believing that the purported agent was an employee; (2) this belief was objectively reasonable under all the circumstances; and (3) the plaintiff relied on the existence of that relationship in making his or her decision to entrust the purported agent...