Academic journal article Defense Counsel Journal

Apparent Authority Trumps Plain Statements

Academic journal article Defense Counsel Journal

Apparent Authority Trumps Plain Statements

Article excerpt

An agency relationship can be inferred despite a physician's legal relationship with a health maintenance organization and despite notification to the HMO's subscribers that the physicians are not agents, an Illinois intermediate appellate court held.

The case involved an independent practice model HMO, which arranged for health care by contracting with independent medical groups on a capitation basis. The HMO offered an insurance plan to which the plaintiff's employer subscribed. The plan's member handbook and subscriber certificate both stated that physicians were independent contractors and not agents or employees of the HMO.

Claiming negligent failure to diagnose cancer on the part of her primary care physician and an independent specialist, the plaintiff sued the HMO on the theory of apparent agency. She stated that she read portions of the handbook but could not recall receiving the certificate. The trial court refused to swallow the theory and granted summary judgment to the HMO, stating: "This information was not hidden anyway. …

Search by... Author
Show... All Results Primary Sources Peer-reviewed

Oops!

An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.