Harold Arrendale v. American Imaging & MRI, LLC, et al.

Fort Wayne, Indiana personal injury lawyer represented Plaintiff, who sued Defendants on medical malpractice theories.



In Sword v. NKC Hospitals, Inc., our Court adopted the Restatement

(Second) of Torts section 429 and held that a hospital may be held

vicariously liable for the tortious conduct of an independent contractor

through apparent or ostensible agency. 714 N.E.2d 142, 152–53 (Ind. 1999).

Today, we consider Sword and Section 429's reasoning and application to

a non-hospital diagnostic medical imaging center.



We hold that Sword and Section 429's apparent agency principles apply

to non-hospital medical entities that provide patients with health care.

Therefore, because plaintiff Harold Arrendale has shown there are

genuine issues of material fact whether the radiologist who read and

interpreted his MRIs was an apparent agent for the defendant Marion

Open MRI, we reverse summary judgment in Marion Open MRI's favor

and remand for further proceedings consistent with this opinion.

As a matter of first impression, we hold that a non-hospital medical

entity, including a diagnostic imaging center like Marion Open MRI, may

be held liable for the negligent acts of its apparent agents, and expressly

apply Sword’s apparent agency rules to such entities. We therefore reverse

summary judgment in Marion Open MRI’s favor and remand for further

proceedings consistent with this opinion.