Legal Environment of Buisness
Spring 2019
Agency Writing Assignment
Mallie Miller consulted Dr. Floyd Jones in April 1983 because of stomach pains.Dr. Jones admitted her to the New Hope Osteopathic Hospital for the purpose of performing a gastrojejunostomy (a surgical joining of the middle section of the small intestine).After the surgery, Miller was readmitted to the hospital twice because of dehydration and other problems and was seen by Drs. Taras and Tobes—whom she had never met beÂfore—for upper gastrointestinal examinations.Her problems persisted and finally, in December 1983, she learned from physicians at another hospital that instead of a gasÂtroÂjejunostomy, Dr. Jones had performed a gastroileostomy, which is a bypass procedure performed on obese person.Miller sued the New Hope Osteopathic Hospital, alleging that it was liable for the negligence of its agents, Drs. Taras and Tobes, who had failed to deÂtect the improperly performed gastrojejunostomy when they examined her.Both the trial court and the appellate court in this case held that, generally speaking, a hospital is not liable or the negligence of a physician who is an independent contractor and merely uses the hospital’s facilities to render treatment to his or her patients. Although the trial court granted the hospital’s motion for summary judgment, the appellate court remanded the case for trial.The appellate court reasoned that if an individual looked to the hospital to provide medical treatment and there was a representaÂtion by the hospital that medical treatment would be performed by physicians working therein, an agency by estoppel can be found.
Discuss the agency relationships and considerations as covered in Chapter 19 of our text,Legal Environment of Business. Assume the reader knows nothing about Agency Law, so describe agency law, what portions you feel apply to the fact scenario (for example, tort liability).
Support your discussion with materials from the text, and any information you may find helpful from other ocurses or in-class discussions.
Include the following questions in your discussion with your proposed answers.
1.Miller testified that during her confinement in the hospital, she at all times believed that Drs. Taras and Tobes were hospital physicians employed by the hosÂpiÂtal.Do you think that, in this case, an agency by estoppel should be found?In your opinion, would such a finding be a fair solution?Why or why not?
2.What general ethical principle or principles underlie the theory of agency by estoppel?
3.Why must theprincipalin some way be responsible for creating the appearÂance of an agency before agency by estoppel will be found?What ethical considÂerations underlie this requirement?
Your discussion should be between 3 and 4 pages in length, double-spaced with one-inch margins. Be sure to use a Work Cited page (not inlcuded in assignment page limit) to include text, articles or other sources. Also, any quotes or paraphrased ideas must be cited. Standard MLA format is acceptable. Be sure to proofread, do not use informallangauge or lciches.
Your written assignment due date is May 6, 2019.