"APPARENT AUTHORITY" MARYLAND MEDICAL MALPRACTICE CASE: Lopez-Krist v. Salvagno,M.D.,et al.

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SONG C. LOPEZ-KRIST, Individually and as Parent and Next Friend of N.R.J-L,
a minor, Plaintiffs,   v.   RALPH T. SALVAGNO, M.D., et al., Defendants, Civil
Action No.  ELH - 12 - 01116, U.S. Dist. Ct. of Maryland (October 17th, 2013).

In this medical malpractice case, plaintiffs Song Lopez-Krist, individually and as parent and next friend of her minor son N.R.J-L (the "minor"), filed a lawsuit against Ralph T. Salvagno, M.D.;
his professional association, the Center for Joint Surgery and Sports Medicine, P.A. ("JSSM");
and Meritus Medical Center, Inc. ("Meritus"), arising out of an above-the-knee amputation of
the minor's right leg on September 24, 2010.

Plaintiffs allege that Dr. Salvagno, an orthopedic surgeon, breached the standard of care in his
treatment of N.R.J-L, and that Dr. Salvagno's negligence was the proximate cause of the
amputation.  Plaintiffs also sought to hold the medical center, Emeritus, vicariously liable for Dr. Salvagno's alleged negligence, claiming that Dr. Salvagno was the actual or apparent agent of Meritus.

Emeritus, of course, argued that Dr. Salvagno was an independent contractor. Apparently, there is a dispute as to whether Dr. Salvagno actually identified himself to the Plaintiffs either way --- independent contractor or agent of Meritus.

Bothe Plaintiffs and defendant Emeritus filed competing motions for summary judgment, both related to the issue of agency. The District Court judge denied both motions. This means the issue of  whether an agency relationship existed between defendant Dr. Salvagno and defendant Meritus
Medical Center will be decided by the jury in this case, or perhaps by a directed verdict after all of the evidence is in. This is an interesting case to follow on the issue of agency for Maryland tort lawyers.