White Paper

Liability for Non-Employees - Beware Apparent Authority

 
As a general rule, hospitals and other healthcare providers are not liable for the acts of non-employed medical staff members, independent contractors or vendors; instead, each party is responsible for its own actions or those of its employees or agents who are acting within the scope of their employment or agency. However, courts are sometimes willing to hold a hospital or provider vicariously liable for the acts of non-employees under the doctrine of "apparent authority".

Apparent Authority. In Jones v. Healthsouth Treasure Valley, for example, the Idaho Supreme Court held that a hospital might be liable for the acts of an independent contractor if: (1) the hospital's conduct would lead a plaintiff to reasonably believe that another person acts on the hospital's behalf (i.e., the hospital held out that other person as the hospital's agent); and (2) the plaintiff reasonably believes that the putative agent's services are rendered on behalf of the hospital (i.e., the plaintiff is justified in believing that the actor is acting as the agent of the hospital). (147 Idaho 109, 206 P.3d 473 (2009)). The Idaho Supreme Court recently reaffirmed the apparent authority theory in Navo v. Bingham Memorial Hospital, 160 Idaho 363, 373 P.3d 681 (2016).

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Kim Stanger is a Partner at Holland & Hart LLP. Mr. Stanger guides facilities and professionals through the many regulatory, transactional, and practical challenges facing the rapidly evolving healthcare industry. He has particular expertise on unique laws facing healthcare providers, including HIPAA, Stark, the Anti-Kickback Statute, EMTALA, Medicare/Medicaid regulations, and licensing requirements. With 20 years of experience, he understands the needs of his healthcare clients and how to address those needs in a cost-efficient manner. His commitment to his clients and the industry is demonstrated by the hundreds of hours he spends each year providing free education to his clients and serving in industry organizations. He is a frequent and popular speaker at healthcare meetings and association conferences. He also presents monthly webinars and publishes regular Holland & Hart Health Law Alerts.

Faculty

Kim C. Stanger

Kim C. Stanger

Holland & Hart LLP

Agenda

Faculty

Kim C. Stanger

Kim C. Stanger

Holland & Hart LLP

  • Partner in the office of Holland & Hart LLP
  • Practice emphasizes all aspects of health law, including regulatory compliance, risk management, health care transactions, and defense of individual and institutional providers in administrative and civil litigation
  • Frequent speaker at local, regional and national conferences for health care providers, and the principal presenter of the firm’s monthly health law webinar series
  • Frequent author on health law related topics, including national publications and the firm’s regular health law alerts
  • Adjunct professor, Health Law, Boise State University
  • Member of the American Health Lawyers Association and the American Bar Association Health Law Section
  • Best Lawyers in America—Health Law since 2011; Lawyer of the Year—Health Law, 2014
  • J.D. and B.A. degrees, Brigham Young University
  • Can be contacted at 208-383-3913 or [email protected]

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