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Hunt v. Mercy Medical Center5/29/1998
ly. Rather, Mercy Medical Center held itself out to the public offering and rendering hospital services, and Mr. Dell'uomo relied on Mercy to conduct a biopsy. Mercy undertook to provide this biopsy and to furnish the required doctors and staff for a charge. Having undertaken to provide this service, Mercy was under a duty to do so effectively. Mr. Dell'uomo could properly assume that the doctors and staff of Mercy were acting on behalf of Mercy. He is not necessarily bound by the limitations that may be contained in a private contract between Mercy and the pathology department. We find the Mehlman case sufficiently analogous to the present one that its holding should be followed and the issue of apparent authority should be determined by a jury.
JUDGMENT REVERSED; CASE REMANDED TO THE CIRCUIT COURT FOR BALTIMORE CITY FOR FURTHER PROCEEDINGS CONSISTENT WITH THIS OPINION.
COSTS TO BE PAID BY APPELLEES.
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