Fenchen v. St. Luke's Hospital

BARATTA, J,

I. FACTUAL AND PROCEDURAL HISTORY

Presently before the court is defendant, St. Luke’s Hospital’s motion for summary judgment in plaintiffs’, George D. Fenchen and ChrystynaM. Fenchen’s, medical malpractice action against St. Luke’s and several physician-defendants. In its motion, St. Luke’s claims that it cannot be directly liable or liable under a theory of ostensible agency to plaintiffs.

By way of factual background, the plaintiffs, Mr. and Mrs. Fenchen, are married. At the time of the alleged malpractice, Mr. Fenchen was 47 years old. Mr. Fenchen has attended medical school in…