BAPTIST MEMORIAL HOSP. SYSTEM v. SAMPSON

No. 97-0268.

969 S.W.2d 945 (1998)

BAPTIST MEMORIAL HOSPITAL SYSTEM, Petitioner, v. Rhea SAMPSON, Respondent.

Supreme Court of Texas.

Decided May 21, 1998.

Rehearing Overruled July 3, 1998.


Attorney(s) appearing for the Case

Ruth G. Malinas, George F. Evans, Jr., San Antonio, for Petitioner.

Oliver S. Heard, Jr., Luis R. Vera, Jr., Clifton F. Douglass, III, Karl E. Hays, San Antonio, for Respondent.


PHILLIPS, Chief Justice, delivered the opinion of the Court.

In this case, we decide whether the plaintiff raised a genuine issue of material fact that defendant Hospital was vicariously liable 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...

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