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Petrovich v. Share Health Plan of Illinois, Inc.

Supreme Court of Illinois, 1999

719 N.E.2d 756

Brief Fact Summary

Plaintiff brought medical malpractice action against her treating physician and others for their alleged negligence in failing to diagnose her oral cancer in timely manner. The plaintiff also included her health maintenance organization (HMO) as a named defendant. The issue is whether plaintiff's HMO can be held vicariously liable for the negligence of its independent-contractor physicians under agency law.

Rule of Law and Holding

An HMO may be held vicariously liable for the negligence of its independent-contractor physicians under both the doctrines of apparent authority and implied authority.