## Facts

- Ramona Cordero underwent surgery at Christ Hospital and received anesthesia care from Selvia G. Zaklama, M.D., an anesthesiologist affiliated with Hudson Anesthesia Group, which contracted with the hospital to provide anesthesia services.
- The hospital arranged the anesthesiology services; Cordero was not given an opportunity to select a different anesthesiologist.
- Plaintiffs alleged the hospital did not disclose that the anesthesiologist was not a hospital employee and did not disclaim responsibility for the anesthesiologist’s care.
- Cordero died following the surgical/anesthetic course; plaintiffs alleged negligent anesthetic management caused her death.
- Plaintiffs sued the hospital on two theories: (1) vicarious liability for Dr. Zaklama’s negligence based on apparent authority, and (2) fraudulent concealment of evidence related to Cordero’s treatment and death.
- The trial court granted summary judgment to the hospital on both theories; claims against other defendants were resolved before appeal (settlements/dismissal).

## Issues

1. Whether the evidence permitted a reasonable jury to find the hospital vicariously liable for the anesthesiologist’s alleged negligence under apparent authority based on the totality of the hospital’s actions and inaction.
2. Whether plaintiffs produced sufficient evidence of fraudulent concealment of evidence, including intentional concealment or destruction aimed at disrupting probable or pending litigation and resulting damages.

## Decision

- Summary judgment for the hospital on the apparent-authority vicarious-liability claim was reversed and remanded for trial.
- Summary judgment for the hospital on the fraudulent concealment claim was affirmed.
- The court held that “holding out” for apparent authority may be shown by the hospital’s overall conduct, including inaction, when the hospital provides the physician and does not clarify the physician’s independent status.
- The court concluded the record did not support the intent and causation elements required for fraudulent concealment.

## Legal Principles

- A hospital may be vicariously liable for a physician’s negligence under apparent authority when: (1) the hospital’s conduct causes a reasonable belief that the physician acts on the hospital’s behalf, and (2) the patient accepts treatment in that reasonable belief.
- “Holding out” may arise from the totality of circumstances created by both the hospital’s affirmative acts and its failure to disclose or disclaim, particularly where the hospital supplies the physician and the patient lacks a meaningful choice.
- Apparent authority in the hospital-physician context is commonly fact-intensive; summary judgment is improper if a reasonable jury could find the patient reasonably believed the physician was acting for the hospital.
- Fraudulent concealment of evidence requires proof of probable or pending litigation, defendant’s knowledge, concealment or destruction of material evidence, intent to disrupt or defeat the litigation, and damages caused by the concealment distinct from the underlying claim.

## Conclusion

The appellate court held that a jury could find the hospital “held out” a contracted anesthesiologist as its agent where the hospital supplied the anesthesiologist without disclosure or disclaimer, but it rejected the separate tort claim for fraudulent concealment for lack of evidence of intentional litigation interference and resulting damages.


Estate of Cordero v. Christ Hosp., 403 N.J. Super. 306, 958 A.2d 101 (N.J. Super. Ct. App. Div. 2008)