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SCAHRM March Webinar

March 30, 2021 at 10:00 am - 11:00 am


How to Avoid Ostensible Agency:  Recent Changes in Hospital Liability

Kirsten K. Cinquemani & Silvia C. Schaffer
Wood, Smith, Henning & Berman, LLP

This presentation will entail discussion of ostensible agency in light of Wicks, et al. v. Antelope Valley Healthcare District holding and distinguishing it with Mejia v. Community Hospital of San Bernardino and other pivotal cases, including Whitlow v. Rideout Memorial Hospital and Markow v. Rosner, et al.  Discussion will also delve into how Wicks’ will impact future litigation as well as steps that can be undertaken by a hospital to potentially shield itself from liability for the negligence of staff physicians premised upon a theory of ostensible agency.

Program Objectives:

  • Provide a brief history of the major cases that have shaped Ostensible Agency.
  • Analyze the impact of the recent Court of Appeal decision on Ostensible Agency.
  • Develop strategies to shield hospital systems against liability for non-employee staff.
  • Identify legal theories for defending against Ostensible Agency.


This program has been approved for 1.0 hour of BRN & MCLE continuing education credit.  ASHRM/CPHRM credit has been applied for and is pending.

  • Provider approved by the California Board of Registered Nursing, Provider Number CEP10552, for 1.0 contact hour.
  • Provider approved by the State Bar of California Provider Number 18946, for 1.0 hour MCLE.


About the Speakers:

Kirsten Cinquemani is senior counsel in the Orange County office of WSHB.  Her practice is focused on complex civil litigation involving matters that include high exposure catastrophic brain injury and wrongful death.  With a focus on medical malpractice defense, Kirsten also has significant experience handling professional liability, products liability and general liability cases.

Kirsten graduated summa cum laude and Phi Beta Kappa from the University of California, Irvine, with a Bachelor of Arts degree in Psychology and a minor in Spanish. She received her Juris Doctorate from Boston University School of Law, with a concentration in Litigation and Dispute Resolution.

Kirsten is licensed to practice in California, New York and Massachusetts.


Silvia Schaffer is a senior associate in the Orange County office of WSHB. Her practice primarily focuses on complex catastrophic injury, product liability, transportation, and medical malpractice cases, as well as providing employers consultation on best business and employer practices for risk mitigation. Prior to becoming a defense attorney, Silvia was a plaintiff’s personal injury attorney in Connecticut, and is able to understand and appreciate both sides which is particularly helpful in cases involving emotionally charged, and highly sensitive issues

Silvia is a graduate of the University of Connecticut School of Law. During law school, she clerked with the Los Angeles District Attorney’s Office. Silvia received her undergraduate degree in English Literature from the University of Michigan, and her Master of Arts degree, also in English Literature, from SUNY University at Albany.

Silvia is admitted to practice law in all California and Connecticut State Courts. She is fluent in Korean.



March 30, 2021
10:00 am - 11:00 am