DE · jury_instructions
Del. P.J.I. Civ. § 7.3
Agency of Treating Healthcare Providers
AGENCY OF TREATING HEALTHCARE PROVIDERS
[Plaintiff’s name] seeks to recover damages from [healthcare facility] on
grounds that it/they is/are liable for the negligence of the [healthcare provider]
whose conduct is the subject of this lawsuit.
:
Because the healthcare personnel who treated [plaintiff’s name] at [defendant
healthcare facility] [are / are not] employees or agents of the [defendant’s facility],
the facility [is / is not] responsible for their acts or omissions.
:
A hospital is liable for the conduct of a health care provider who is not a
hospital employee if the health care provider was the apparent agent of the hospital.
To establish apparent agency, [plaintiff’s name] must prove that the hospital,
through its own acts or failures to act, has caused the patient to reasonably believe
the treatment is being provided by the hospital’s agent.
Provenance
- Source
- courts.delaware.gov
- Retrieved
- 2026-09-23
- Edition
- civ-2025-10-22
- Content hash
f811353f3fe0a0eb3815a339b9a229de1c1750e3c7b9436339fe5ba1d2ebb916
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