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Analysis of Hospital’s “Control” Necessary in Determining Vicarious Liability for a Physician’s Conduct

Malpractice / Professional Liability / August 26, 2016

The Court of Appeals’ published decision in Laster, et al v Henry Ford Health System, et al overturned the trial court’s ruling that the on-call policy created a question of fact as to whether or not the doctor was acting as an agent of the hospital, noting that the defendant doctor was “clearly an independent contractor because [the hospital] did not control the manner or method used by on√¢‚Ǩ‚Äòcall doctors to diagnose or treat their patients.”


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