Health Care & Hospital Law
Jul. 5, 2023
CURRENT CALIFORNIA LAW ON OSTENSIBLE AGENCY IN THE HOSPITAL SETTING
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Steven S. Fleischman
Partner
Horvitz & Levy LLP
Phone: (818) 995-0800
Email: sfleischman@horvitzlevy.com

Alexandra M. Maher
Attorney in the firm's Appellate Fellowship Program.
Horvitz & Levy LLP
Ostensible agency is a general tort principle allowing a plaintiff to hold a defendant liable for the actions of a third party when the defendant caused the plaintiff to reasonably believe that the third party was acting as an agent of the defendant. By statute, ostensible agency is defined: "An agency is ostensible when the principal intentionally, or by want of ordinary care, causes a third person to believe another to be his agent who is not really employed by him....
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