In 2000, Loretta Henry was pregnant and experiencing pain in her abdomen. After visiting a clinic, she was referred to Flagstaff Medical Hospital. Once there, she was examined and treated by Dr. Kraig Knoll, a physician with a physician's group providing a service for the hospital. Knoll advised her to have her gallbladder removed, and he per- formed the surgery. Although Henry read and signed two consent forms, she was never told that Knoll was not an employee of the hospital and was instead an independent contractor. Subsequently, Henry sued the hospital for negligence when after her child was born, both mother and child sustained injuries. She claimed there was an apparent agency relationship. The hospital argued that Henry could not establish an agency relationship between Flagstaff Hospital and Knoll.

What duties did Flagstaff Hospital owe Knoll as an independent contractor? Did the court find enough evidence establish an agency relationship?

[Loretta Henry/ Charles Arnold v. Flagstaff Medical, 212 Ariz. 365, 132 P.3d 304, 2006 Ariz. App. LEXIS 53, 476 Ariz. Adv. Rep. 11