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Why the <i>Mejia </i>Opinion Is Troubling

By Mary-Christine Sungaila and Lisa Perrochet
August 27, 2003

Part Two of a Two-Part Article.

Contrary to the Mejia court's analysis, patients do not generally choose an emergency room in reliance on any belief about the doctors' employment or agency relationship with the hospital. They may choose the hospital based on terms of their insurance plan, or the hospital's geographic location. But nobody can seriously suggest that if a patient were confronted with a neon sign in the hospital waiting room declaring the doctors to be independent contractors whose conduct is not attributable to the hospital, he or she would turn around and look elsewhere to find a hospital with employee doctors.

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