In any Miami medical malpractice lawsuit<\/a>, plaintiffs need to be mindful of who employs the health care professionals at-fault. That’s because the legal theory of vicarious liability – that one can be held responsible\u00a0for the wrongful actions of another – will only apply in an employment situation in which there was an employer-employee relationship, as opposed to one in which the at-fault person was an independent contractor.<\/a><\/p>\n There may be one exception, though: Apparent agency.<\/p>\n Apparent agency, also sometimes referred to as apparent authority, occurs when a reasonable third-party believed or understood the agent (i.e., at-fault person) had the authority to act on behalf of that third-party.<\/span><\/p>\n The theory of apparent agency does not require that the agent actually be employed by that third party, only that it appeared so to a reasonable person.<\/p>\n Florida case law has provided guidance for establishing apparent agency. In the 1995 1st DCA case of Robbins v. Hess<\/em>, the (more…)<\/span><\/a><\/p>\n","protected":false},"excerpt":{"rendered":" In any Miami medical malpractice lawsuit, plaintiffs need to be mindful of who employs the health care professionals at-fault. That’s because the legal theory of vicarious liability – that one can be held responsible\u00a0for the wrongful actions of another –…<\/span><\/p>\n