Medical Malpractice Law

What Is Vicarious Liability?

Georgia statutory law imposes liability on an individual for the negligent acts of a contractor when the contractor’s work is wrongful in itself, results in a nuisance, is inherently dangerous, violates a duty imposed in a contract, violates a duty imposed by statute, was directed or controlled by the employer, or was ratified by the employer. A Georgia appellate court found that a hospital may not be liable for a contracting physician’s negligent acts. Factors include whether the hospital negligently granted him privileges or undertook to direct the doctor’s method of treating patients. The court found that when a patient relies on the hospital to provide health services and there is no indication of the doctor’s employment status, the hospital may be liable for the physician’s negligence based on the appearance of an agency relationship between the physician and hospital.

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