Ermoian v . Desert Hospital 152 Cal. App 4 th 475, 61 Cal Rptr 3d 754 . Legal Guru Case Presentation By Kristina Begres. FACTS. In 1994, the hospital operated Desert Hospital Outpatient Maternity Services Clinic
Legal Guru Case Presentation
By Kristina Begres
Court Affirmed the Trial Courts Judgment
Whether or not the clinic physicians and nurses are acting under Apparent Authority and whether or not they were negligent?
The court affirmed the judgment, stating that although the physicians were acting as Apparent Agents, they were not negligent in this case
They found that the trial court reasonably concluded that the two physician’s that the child’s mother had been referred to for care were not the employees of the hospital, but were physicians with a private practice who contracted with the hospital to perform obstetric services at its outpatient clinic. Substantial evidence did not exist to support the trial court’s implied finding that the physicians were not apparent agents of the hospital. The evidence showed that the outpatient clinic was a part of the hospital.
The court also stated that the report of an ultrasound stating that there was evidence of microcephaly was not received by the clinic until after the child was born. The physicians could not be negligent for failing to advise the mother of the alternative of an abortion based upon ultrasound results they did not have knowledge of.
LEXISNEXIS LAW CASE:
152 Cal. App 4th 475, 61 Cal Rptr 3d 754
AND OF COURSE