Baptist Memorial Hospital System v. Sampson

In this case, we decide whether the plaintiff raised a genuine issue of material fact that defendant Hospital was vicariously Hable under the theory of ostensible agency for an emergency room physician’s negligence. We granted Baptist Memorial Hospital System’s application for writ of error to resolve a conflict in the holdings of our courts of appeals regarding the elements required to establish liability against a hospital for the acts of an independent contractor emergency room physician. We hold that the plaintiff has not met her burden to raise a fact issue on each element of this…