31-10. A QUESTION OF ETHICS Mallie Brackens consulted Dr. Floyd Jones in April 1983 because of stomach pains. Dr. Jones admitted her to the Detroit Osteopathic Hospital for the purpose of performing a gastrojejunostomy (a surgical joining of the middle section of the small intestine). After the surgery, Brackens was readmitted to the hospital twice because of dehydration and other problems and was seen by Drs. Taras and Tobeswhom she had never met beforefor upper gastrointestinal examinations. Her problems persisted and nally, in December 1983, she learned from physicians at another hospital that instead of a gastrojejunostomy, Dr. Jones had performed a gastroileostomy, which is a bypass procedure performed on obese person. Brackens sued the Detroit Osteopathic Hospital, alleging that it was liable for the negligence of its agents, Drs. Taras and Tobes, who had failed to detect the improperly performed gastrojejunostomy when they examined her. Both the trial court and the appellate court in this case held that, generally speaking, a hospital is not liable or the negligence of a physician who is an independent contractor and merely uses the hospital's facilities to render treatment to his or her patients. Although the trial court granted the hospital's facilities to render treatment to his or her patients. Although the trial court granted the hospital's motion for summary judgment, the appellate court remanded the case for trial. The appellate court reasoned that if an individual looked to the hospital to provide medical treatment and there was a representation by the hospital that medical treatment would be performed by physicians working therein, an agency by estoppel can be found. [Brackens v. Detroit Osteopathic Hospital, 174 Mich.App. 290, 435 N.W.2d 472 (1989)]