Liability for Actions of a Fellow Physician Partner

The principles of agency govern a partner's liability for the actions of a fellow partner. See Soden v. Starkman, 218 So. 2d 763 (Fla. 3d DCA 1969). This precept has been codified in the Uniform Partnership Act (UPA), section 620.575(2), Florida Statutes (1993). The UPA provides, in pertinent part, that a partnership is liable "when loss or injury is caused to a person, not a partner in the partnership . . . by a wrongful act . . . of a partner acting in the ordinary course of the business of the partnership or with the authority of his copartners . . . ." 620.62, Fla. Stat. (1993). See also Soden, 218 So. 2d at 764 (partners are liable for intentional torts of copartners if those torts are committed within the actual or apparent scope of partnership business or with the approval or ratification or at the direction of a fellow partner). See also Nazareth v. Herndon Ambulance Serv., Inc., 467 So. 2d 1076, 1078 (Fla. 5th DCA 1985) ("The general rule is that an employer cannot be held liable for the tortious or criminal acts of an employee, unless they were committed during the course of the employment and to further a purpose or interest, however excessive or misguided, of the employer.").