Cefaratti v. Aranow

Summary

The dissent would decline to decide whether apparent agency or apparent authority permits tort plaintiffs to hold hospitals vicariously liable for negligence by nonemployee physicians. It reasons that prior precedent did not resolve the issue and that the legislature is institutionally better suited to evaluate the policy, regulatory, and financial consequences of expanding hospital liability. The dissent therefore would defer to the legislature rather than recognize the doctrine in tort actions.