In Denton v. Big Spring Hosp. Corp., 998 S.W.2d 294 (Tex. App. -- Eastland 1999, no pet.), after the patient presented himself at the hospital's emergency room, a doctor admitted him to the hospital and continued to treat him during his stay.
The patient submitted evidence that he did not choose the doctor, that he did not recall seeing any signs or signing any forms regarding the doctor's employment status, and that the patient's wife had heard advertisements for the hospital four or five years earlier claiming that the hospital had the best doctors. Id. at 297.
The court of appeals found no genuine issue of material fact on the question of ostensible agency because there was no evidence that the hospital determined the doctor's schedule or that at the time of the injury, the hospital held out the doctor as its agent or employee, notwithstanding its previous advertisements.