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negligence was committed by the radiologist, it would be difficult to apply the doctrine of Respondeat Superior. If the consent form did not indicate the patient was properly informed of
4risks and benefits of the procedure, there is a chance that the radiologist group could be held liable. The radiologist group could then seek indemnification from the radiologist to compensate for the financial loss caused by the radiologist’s negligent act (Pozgar, 2012).A recent case in the Alabama Supreme Court, Estate of Christopher Health Bain v. Colbert County Northwest Alabama Health Care Authority d/b/a Helen Keller Hospital, the widow, Ms. Bain, sued the hospital, emergency department physician, and emergency department nurses for negligence leading to the death of Mr. Bain. Mr. Bain died of an aortic aneurysm twenty days after his visit to the emergency department. (Stuart, 2017). The emergency department physician was an independent contractor; however, Ms. Bain argued that he was an actual or apparent agent of the hospital and failed to provide services within a standardof care. Further arguments by Ms. Bain included nursing staff failing to obtain a comprehensive history, the physician failing to order diagnostic imaging that would have revealed the aneurysm and lead to surgery, and the hospital being responsible to oversee a standard of emergency care. The courts ruled in favor of the physician, nurses, and hospital.The ruling of the Alabama Supreme Court in favor of the physician, nurses, and hospital, relied heavily on Ms. Bain’s inability to prove the hospital took any actions to indicate the physician was under the control of the hospital. Even though Mr. and Ms. Bain made the assumption that the physician was a hospital employee, the hospital took no actions to cause that belief. Stuart reports, “the court expressly declined Bain’s invitation to apply the ‘new, greatly expanded theory of liability in hospital negligence cases set out in the Mississippi case of Gatlin v. Methodist Medical Center,