Difficult to Dispose of "Apparent Agency" Claims Against Hospitals

Following the recent decision by the Indiana Court of Appeals in Helms v. Rudicel, M.D., et al. (Ind. Ct. App. 2013), it remains extremely difficult to dispose of an "apparent agency" claim based on the actions of physicians who practice within a hospital as independent contractors - not employees. The Court of Appeals referenced the Indiana Supreme Court's decision in Sword, which establishes that,"A hospital will be able to avoid liability by providing meaningful written notice to the patient, acknowledged at the time of admission." Therefore, in order for a hospital to have the best opportunity to avoid liability based on apparent agency by providing "meaningful written notice," it's written notice to all patients should explicitly state that the hospital is not the provider of care, and that the care is being provided by a physician who is an independent contractor and not subject to the control or supervision of the hospital.

Did You Dyngus This Year?

Dyngus Day, also known as Wet Easter Monday, is a Polish-American holiday dating back to 966 A.D. Originally, this holiday marked the Christian baptism of the first King of Poland, Miezsko I. Children in Poland celebrate by sprinkling water on one another and hitting each other with pussy willow twigs, an ancient act of purification and cleansing. The word "dyngus" traces back to the medieval word "Dingnus" which means "worthy, proper or suitable."

Although traditional Polish families have continued to celebrate the holiday, it was popularized in America by Judge Ann T. Mikoll. She, along with another woman, were the first two women appointed to serve as judges for the Appellate Division of the New York Supreme court in 1977. Mikoll and her late husband, Ted, arranged the first Dyngus Day celebration at a singing club in Buffalo, New York. The evenings were spent singing and dancing to Polka music and eating traditional polish food such as kielbasa, boiled (or pickled) eggs and sauerkraut. The holiday celebrations in Buffalo have continued to grow since 1977 and Buffalo is now considered the "Dyngus Day Capital of the World." However, Dyngus Day is also widely celebrated in cities in the Midwest including Chicago, Illinois, South Bend, Indiana and Cleveland, Ohio.

Mark your calendars, next year Dyngus Day falls on April 21, 2014. So, sprinkle water on your friends, boil some eggs, and cook up your kielbasa!

Na zdrowie!