Ill. Pattern Jury Instr. (Civil) 105.11

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, [plaintiff's name] has sued [principal's name] as the pri ncipal.

[Plaintiff's name] claims that [apparent agent's name] was the apparent agent of [principal's

name]. [Principal’s name] denies that any apparent agency relationship existed.

In order for an apparent agency relationship to have existed, [plaintiff's name] must

prove the following:

First, that [principal's name] held [himself] [herself] [itself] out as a provider of [type

of care, e.g., complete emergency room care] and that [plaintiff's/decedent's name] neither

knew nor should have known that [apparent agent's name] was not an agent or employee of

[principal's name].

Second, that [plaintiff's/decedent's name] [or others] did not choose [apparent agent's

name]

but relied upon [principal's name] to provide [type of care, e.g., complete emergency room care].

If you find that [apparent agent's name] was the apparent agent of [principal's name] at

the time of the occurrence, then any act or omission of [apparent agent's name] was the act or

omission of [principal's name], and [principal's name] is liable for the acts or omissions of

[apparent agent's name].

If

you find that [apparent agent's name] was not the apparent agent of [principal's name]

at the time of the occurrence, then any act or omission of [apparent agent's name] was not the

act or omission of [principal's name], and [principal's name] is not liable for the acts or

omissions of [apparent agent's name].