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SANCHEZ v. MEDICORP HEALTH SYSTEM

Record No. 042741.

618 S.E.2d 331 (2005)

270 Va. 299

Leasly SANCHEZ v. MEDICORP HEALTH SYSTEM, d/b/a MARY WASHINGTON HOSPITAL, INC.

Supreme Court of Virginia.

September 16, 2005.

Attorney(s) appearing for the Case

Robert W. Mann (Scott C. Wall; Young, Haskins, Mann, Gregory & Smith, on brief), Martinsville, for appellant.

Carlyle R. Wimbish, III (Margaret F. Hardy; Sands, Anderson, Marks & Miller, on brief), Richmond, for appellee.

Amici Curiae: The Virginia Trial Lawyers Association (Richard Armstrong; Richmond and Fishburne, on brief), Charlottesville, in support of appellant.

Amici Curiae: Virginia Hospital & Healthcare Association (Joseph P. McMenamin; Caroline J. Stalker; McGuireWoods, on brief), Richmond in support of appellee.

Present: All the Justices.

OPINION BY Justice CYNTHIA D. KINSER.

In this appeal, the question is whether the theory of apparent or ostensible agency applies to a hospital, thereby making the hospital vicariously liable for the alleged negligence of an emergency room physician who was an independent contractor. Because we decline to adopt that theory in the context presented in this case, we will affirm the circuit court's judgment sustaining a demurrer.

FACTS AND PROCEEDINGS

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