Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 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). 2002, March 20, P.L. 154, No. 13, § 516, imd. effective.