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§ 1303.516. Ostensible agency

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 40 P.S. InsuranceEffective: March 20, 2002

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 40 P.S. Insurance (Refs & Annos)
Chapter 5C. Medical Care Availability and Reduction of Error (Mcare) Act (Refs & Annos)
Chapter 5. Medical Professional Liability (Refs & Annos)
Effective: March 20, 2002
40 P.S. § 1303.516
§ 1303.516. Ostensible agency
(a) Vicarious liability.--A hospital may be held vicariously liable for the acts of another health care provider through principles of ostensible agency only if the evidence shows that:
(1) a reasonably prudent person in the patient's position would be justified in the belief that the care in question was being rendered by the hospital or its agents; or
(2) the care in question was advertised or otherwise represented to the patient as care being rendered by the hospital or its agents.
(b) Staff privileges.--Evidence that a physician holds staff privileges at a hospital shall be insufficient to establish vicarious liability through principles of ostensible agency unless the claimant meets the requirements of subsection (a)(1) or (2).

Credits

2002, March 20, P.L. 154, No. 13, § 516, imd. effective.
40 P.S. § 1303.516, PA ST 40 P.S. § 1303.516
Current through Act 4 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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