105.10. Claims (Of) Apparent Agency-Principal Under Respondeat Superior And Agent Sued-Med Mal

105.11 Claims Based on Apparent Agency--Principal Sued, But Not Agent-- Principal Sued Under Respondeat Superior Only--Medical Malpractice Actions-- Reliance on Principal Alleged Under certain circumstances, the liability of a party may arise from an act or omission of that party's apparent agent. In the present case, [name of plaintiff] has sued [name of principal] as the principal. [Name of plaintiff] claims that [name of apparent agent] was the apparent agent of [name of principal]. [Name of principal] denies that any apparent agency relationship existed. In order for an apparent agency relationship to have existed, [name of plaintiff] must prove the following First, that [name of principal] held [himself] [herself] [itself] out as a provider of [type of care, e.g., complete emergency room care] and that [name of plaintiff] [name of decedent] neither knew nor should have known that [name of apparent agent] was not an employee of [name of principal]. Second, that [name of plaintiff] [name of decedent] [or others] did not choose [name of apparent agent] but relied upon [name of principal] to provide [type of care, e.g., complete emergency room care]. If you find that [name of apparent agent] was the apparent agent of [name of principal] at the time of the occurrence, then any act or omission of [name of apparent agent] was the act or omission of [name of principal], and [name of principal] is liable for the acts or omissions of the [name of apparent agent] If you find that [name of apparent agent] was not the apparent agent of [name of principal] at the time of the occurrence, then any act or omission of [name of apparent agent] was not the act or omission of [name of principal], and [name of principal] is not liable for the acts or omissions of the [name of apparent agent].