The hospital is not correct and is liable for the Dr. Dennis Aumentado’s wrong act. Employer is normally not liable for the independent contractor’s act under Respondeat Superior which imposes liability over the employer for the negligent act of its employees. But there are certain exceptions for this which include ostensible agency or agency by estoppel. Under this theory the employer would be liable if the employer has done something to believe that the independent contractor is the employee of the employer. In the case of emergency room physicians, the hospital becomes liable under this theory if they have done something affirmative to attract the patients to its emergency room. In this case Mr. Wilton Whitlow was taken to the emergency room and the hospital has its role in directing him to the emergency room when he has experienced a seizure and a blackout. It made Mr. Whitlow to think that Dr. Aumentado is the employee of the hospital and hence the hospital is liable for Dr. Aumentado’s act.
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