40 Pa. Stat. § 1303.516

Current through P.A. Acts 2023-32
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).

40 P.S. § 1303.516

2002, March 20, P.L. 154, No. 13, § 516, imd. effective.