JACQUELINE IZQUIERDO, INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF JONATHAN IZQUIERDO, A DECEASED MINOR, APPELLANTS,
v.
HIALEAH HOSPITAL, INC., APPELLEE; MIAMI CHILDREN'S HOSPITAL, APPELLANT, V. HIALEAH HOSPITAL, INC., APPELLEE

Fla. 3d DCA | 1998-04-15
Nos. 97-1700, 97-1343 and 97-1822
Before JORGENSON, COPE and GODERICH, JJ.
709 So. 2d 187 Florida District Court of Appeal, Third District (1998) Positive Treatment
Cited by 23 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

A mother appealed a directed verdict in a wrongful death/medical malpractice action against Hialeah Hospital, claiming the hospital was vicariously liable for a pediatrician's alleged negligent treatment of her infant son. The court affirmed the directed verdict, holding that apparent agency cannot arise from the patient's subjective understanding or the agent's own actions, but only from the principal's creation of such appearance.


Holding

The court held that apparent authority cannot arise from either the subjective understanding of the patient or actions of the purported agent; it exists only where the principal (hospital) creates the appearance of an agency relationship. Because there was no evidence that Hialeah Hospital took any actions to create such appearance, there was no apparent authority, and the directed verdict for the hospital was properly entered.


Headnotes

[1] Apparent authority exists only where the principal creates the appearance of an agency relationship, not from the subjective understanding of the person dealing with the…

[2] A principal's actions, not the purported agent's actions or the third party's subjective belief, are determinative in establishing apparent authority.

Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.

Join FLexlaw to unlock all legal intelligence

Key Quotes

“'Apparent authority' does not arise from the subjective understanding of the person dealing with the purported agent, nor from appearances created by the purported agent himself; instead, 'apparent authority' exists only where the principal creates the appearance of an agency relationship.”

Establishes the controlling legal standard for apparent agency, rejecting the patient's subjective belief as a basis for apparent authority

Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.

Join FLexlaw to unlock all legal intelligence

Facts & Procedural History

Jacqueline Izquierdo, an unmarried teenager, gave birth to Jonathan at Hialeah Hospital. Jonathan was treated by Dr. Ruiz-Unger, a pediatrician provid…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
PER CURIAM.

PER CURIAM.

Jacqueline Izquierdo (“Izquierdo”), the mother/personal representative of the estate of Jonathan Izquierdo (“Jonathan”), appeals from a final order in a wrongful death/medical malpractice action. Izquierdo brought this action against Hialeah Hospital, Juan Ruiz-Unger, M.D., his P.A., Lydia Quintero, M.D. and her P.A., for the alleged negligent treatment of Izquierdo’s son Jonathan after his birth at Hialeah Hospital. Dr. Ruiz-Unger settled with Izquierdo and Dr. Quinte-ro was dropped as a party defendant.

Izquierdo was an unmarried teenager living with her parents when she gave birth to Jonathan at Hialeah Hospital. Her health care provider was CAC Ramsey — her parents’ insurer. Her obstetrician was a CAC Ramsey physician. Jonathan’s pediatric care, once he was discharged from the hospital, would not be covered by CAC Ramsey, but by Medicaid. Hialeah Hospital, pursuant to its contract with CAC Ramsey, provided Jonathan with Dr. Ruiz-Unger, a CAC Ramsey pediatrician, and Dr. Quintero, a CAC Ramsey neonatologist. Jonathan was born with a strep infection and was treated with antibiotics; he was eventually discharged symptom-free.

One month later, Jonathan, who was then being treated by a different pediatrician chosen by Izquierdo, developed meningitis, suffered severe brain damage, and was hospitalized at Miami Children’s Hospital. When Jonathan was admitted into Miami Children’s Hospital, there was an assignment of benefits and guaranty of payment from Izquierdo. However, Izquierdo was indigent so Jonathan’s care was covered by Medicaid. Jonathan’s medical expenses at Miami Children’s Hospital amounted to approximately $900,000 of which $800,000 was paid by Medicaid. Jonathan’s medical providers, including physicians and Miami Children’s Hospital, all had Medicaid provider contracts. Jonathan died at the age of four years.

Izquierdo brought a wrongful death/medical malpractice action against Hialeah Hospital and Dr. Ruiz-Unger. Izquierdo alleged for purposes of vicarious liability and apparent agency, that Dr. Ruiz-Unger was an employee of Hialeah Hospital. She further alleged that she had been in fact led to believe that he was employed by the hospital, and had never been told that he was not a Hialeah Hospital doctor. Izquierdo contended that the jury should be allowed to decide the issue of vicarious liability. Instead, the trial court directed a verdict for the hospital on the issue of Dr. Ruiz-Unger’s apparent agency. We affirm this verdict.

“ ‘Apparent authority’ does not arise from the subjective understanding of the person dealing with the purported agent, nor from appearances created by the purported agent himself; instead, ‘apparent authority’ exists only where the principal creates the appearance of an agency relationship.” Spence, Payne, Masington & Grossman, P.A. v. Philip M. Gerson, P.A., 483 So. 2d 775, 777 (Fla. 3d DCA)(emphasis in original), review denied, 492 So. 2d 1334 (Fla.1986). Neither Dr. Ruiz-Unger’s actions nor Izquierdo’s subjective understanding created the requisite apparent authority. Only Hialeah Hospital’s actions could have created this apparent authority. There was no apparent authority in this case because there was no evidence that Hialeah Hospital partook in any activities to create the appearance of an agency relationship.

Miami Children’s Hospital also filed a separate appeal to preserve its rights upon any retrial. We do not reach the merits of Miami Children’s Hospital’s protective appeal because we affirm this case in its entirety. Hence, we dismiss Miami Children’s Hospital’s appeal as moot.

In sum, we affirm the judgment in case number 97-1700 and dismiss the appeal in case numbers 97-1343 and 97-1822.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By (14 total)

  • Klaus Roessler v. Russell W. Novak, M.D., 858 So. 2d 1158 (Fla. 2d DCA 2003)
    …ansford, 648 So. 2d 119, 121 (Fla.1995). Apparent authority does not arise from the subjective understanding of the person dealing with the purported agent or from appearances created by the purported agent himself. Izquierdo v. Hialeah Hosp., Inc., 709 So. 2d 187, 188 (Fla. 3d DCA 1998). Rather, apparent authority exists only where the principal creates the appearance of an agency relationship. Id. While some hospitals employ their own staff of physicians, others enter into contractual arrangements with leg…
  • Regions Bank v. Maroone Chevrolet, L.L.C., 118 So. 3d 251 (Fla. 3d DCA 2013)
    …principal, not those of the purported agent or the understanding of the person dealing with the purported agent: However, “the third party’s reliance on the purported agent’s apparent authority must be reasonable.” Izquierdo v. Hialeah Hosp., Inc., 709 So. 2d 187, 188 (Fla. 3d DCA 1998); see also Jackson Hewitt, 100 So. 3d at 32; Roessler, 858 So. 2d at 1161-62 n. 3. Here, the allegations in Maroone’s complaint and the testimony at trial incorrectly focused on the understanding of the purported agent, Inter…
  • Guadagno v. Lifemark Hosps. OF Fla., Inc., 972 So. 2d 214 (Fla. 3d DCA 2007)
    …trary to the appellant’s assertions, apparent authority does not arise from the subjective understanding of the person dealing with the purported agent or from appearances created by the purported agent himself. See Izquierdo v. Hialeah Hosp., Inc., 709 So. 2d 187, 188 (Fla. 3d DCA 1998). Rather, apparent authority exists only where the principal creates the appearance of an agency relationship, see id., and in this case, the principal, Palmetto General Hospital, expressly disavowed an agency or employee rela…

Previewing 3 of 14 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw