specially concurring:
I respectfully submit that the jury erred in concluding that Dr. Schikman was an actual agent of the hospital. There is no evidence suggesting such a conclusion. Moreover, the lack of control by the hospital over Dr. Schikman’s methods of diagnosis and treatment, and the method of payment all clearly indicate that he is an independent contractor.
I also do not agree with the following statement from page 7 of the majority opinion:
“[T]he relevant inquiry here, under Gilbert, in determining whether Dr. Schikman was an actual or apparent agent of Mount Sinai is whether Edgardo knew that Dr. Schikman was an independent contractor.” 295 Ill. App. 3d 776.
The issue in Gilbert was whether a hospital can be found vicariously liable for the acts of an independent contractor physician under the doctrine of apparent authority. Gilbert v. Sycamore Municipal Hospital, 156 Ill. 2d 511, 514 (1993). The case has nothing whatsoever to do with actual authority.
I do, however, concur that the question of apparent authority was properly a fact question for the jury to determine.
I also concur in all other respects with the majority opinion.