Leasly Sanchez v. Medicorp Health System, d/b/a Mary Washington Hospital, Inc., 270 Va. 299

Summary

The Supreme Court of Virginia considered whether a hospital could be held vicariously liable for the alleged negligence of an emergency-room physician who was an independent contractor under a theory of apparent or ostensible agency. The court held that Virginia had not previously imposed such liability on that basis and declined to adopt the theory in this context, affirming the circuit court's judgment sustaining the hospital's demurrer.

Holdings

1. Virginia does not apply the theory of apparent or ostensible agency, or agency by estoppel, in the circumstances presented to impose vicarious liability on Medicorp for the alleged negligence of Dr. Huesgen, an independent contractor.
2. The circuit court properly sustained Medicorp's demurrer and dismissed Sanchez's claim against Medicorp with prejudice.

Questions Presented

1. Whether Virginia law recognizes apparent or ostensible agency, or agency by estoppel, as a basis for imposing vicarious liability on a hospital for the alleged negligence of an emergency-room physician who is an independent contractor.
2. Whether the circuit court properly sustained Medicorp's demurrer and dismissed the claim after Sanchez failed to allege specific fraudulent representations as permitted by the court's amendment order.

Disposition

affirmed