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Vicarious liability is an area of Illinois law in which Illinois medical malpractice attorneys file a lawsuit based on actions taken by a HMO.

For a patient to establish the vicarious liability of a health maintenance organization (HMO) for a physician's medical malpractice under an apparent authority theory, the patient must prove that: (1) the HMO held itself out as the provider of health care, without informing the patient that the care is given by independent contractors, and (2) the patient justifiably relied upon the conduct of the HMO by looking to the HMO to provide health care services, rather than to a specific physician.

A patient cannot impose vicarious liability on a health maintenance organization (HMO) for a physician's medical malpractice under an apparent authority theory if the patient knew or should have known that the physician is an independent contractor.

The implied authority doctrine may be used against a health maintenance organization (HMO) to negate a participating physician's status as an independent contractor, as required for the physician's patient to impose vicarious liability on the HMO for the physician's medical malpractice under an agency theory; such "implied authority" exists where the facts and circumstances show that the HMO exerted sufficient control over the physician.

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