On September 29, 1984, Wilton Whitlow was taken to Good Samaritan Hospital’s emergency room in Montgomery County, Ohio, because he had suffered a seizure and a blackout. He was examined by Dr. Dennis Aumentado, who prescribed the anti-epileptic medication Dilantin. Mr. Whitlow experienced no further seizures and was monitored as an outpatient at Good Samaritan over the next few weeks. Mr. Whitlow complained to Dr. Aumentado of warm and dry eyes, and his Dilantin does was reduced. On October 20, 1984, he was again admitted to the emergency room with symptoms that were eventually determined to be from Stevens-Johnson syndrome, a condition believed to be caused by a variety of medications. Mr. Whitlow sued Dr. Aumentado and Good Samaritan for malpractice and Parke-Davis, the manufacturer of Dilantin, for breach of warranty. The hospital maintains that it is not liable because Dr. Aumentado was an independent contractor. Is the hospital correct? [Whitlow v. Good Samaritan Hosp., 536 N.E.2d 659 (Ohio).]

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.
 
“Looking for a Similar Assignment? Get Expert Help at an Amazing Discount!”

What Students Are Saying About Us

.......... Customer ID: 12*** | Rating: ⭐⭐⭐⭐⭐
"Honestly, I was afraid to send my paper to you, but splendidwritings.com proved they are a trustworthy service. My essay was done in less than a day, and I received a brilliant piece. I didn’t even believe it was my essay at first 🙂 Great job, thank you!"

.......... Customer ID: 14***| Rating: ⭐⭐⭐⭐⭐
"The company has some nice prices and good content. I ordered a term paper here and got a very good one. I'll keep ordering from this website."

"Order a Custom Paper on Similar Assignment! No Plagiarism! Enjoy 20% Discount"