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Health Care & Hospital Law

Jul. 5, 2023

CURRENT CALIFORNIA LAW ON OSTENSIBLE AGENCY IN THE HOSPITAL SETTING

See more on CURRENT CALIFORNIA LAW ON OSTENSIBLE AGENCY IN THE HOSPITAL SETTING

H. Thomas Watson

Partner
Horvitz & Levy LLP

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Steven S. Fleischman

Partner
Horvitz & Levy LLP

Phone: (818) 995-0800

Email: sfleischman@horvitzlevy.com

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Alexandra M. Maher

Attorney in the firm's Appellate Fellowship Program.
Horvitz & Levy LLP

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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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