Lamb-Rosenfeldt v. Burke Medical Group

Court properly entered summary judgment for defendant hospital in medical malpractice and wrongful death action. Decedent signed consent form seven times which stated that physicians are not hospital agents or employees. Treating defendant physician's title as hospital's Chief of Staff is insufficient to meet "holding out" requirement, or to override clear unequivocal language in disclosure statement of consent forms, to create genuine issue of material fact of apparent agency, to subject hospital to vicarious liability. (LAVIN and FITZGERALD SMITH, concurring.)