Cooper v. Binion

Miller, Judge.

Jimmie Cooper sued Dr. Louis Binion and Tanner Medical Center (the “hospital”) for medical malpractice arising out of Dr. Binion’s treatment of Cooper in the hospital’s emergency room. The trial court granted summary judgment to the hospital on the ground that Dr. Binion was an independent contractor. Cooper appeals, arguing that some evidence showed that Dr. Binion was in fact a hospital employee and also that under the doctrine of apparent authority, the hospital held Dr. Binion out as its employee. We agree and therefore reverse the grant of summary judgment to the hospital.

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