In healthcare, trust and responsibility are intertwined. Patients rely on medical professionals and institutions for accurate diagnoses and treatment. When that trust is betrayed due to negligence, the consequences can be devastating. The case of Courtney Webster, who experienced a delayed cancer diagnosis, sheds light on the legal intricacies surrounding apparent agency and medical malpractice.

The Case Overview

Courtney Webster’s journey through the healthcare system began in 2009 when she underwent outpatient surgery for rectal cancer. After successful treatment, her medical examinations in 2010 showed no signs of cancer. Nevertheless, back in 2014, Courtney saw her gastrointestinal specialist with issues of bowel movement difficulty. This led to a detailed examination of the colon revealing a huge growth in her belly, setting off the need for a scan known as CT.

Radiation technologists performed Courtney’s CT scan at CDI Indiana, LLC’s diagnostic imaging facility in Carmel, Indiana, in November 2014. The radiologist responsible for interpreting the scan, Dr. Brian Walker, issued a report the following day, surprisingly missing the presence of a mass. Tragically, it took almost two years and further complications before Courtney’s cancer was correctly diagnosed, by which point it had metastasized to her lungs and liver, drastically reducing her chances of survival.

The Legal Battle

Courtney and her husband, Brian Webster, took legal action against CDI, alleging medical malpractice. CDI, however, argued that it should not be held liable because Dr. Walker was an independent contractor hired by Medical Scanning Consultants (MSC), not a direct employee of CDI.

The district court rejected CDI’s argument, citing Indiana’s apparent agency doctrine established in the Sword v. NKC Hosp., Inc. case. This doctrine holds that a medical provider can be held liable if a patient reasonably relies on its apparent authority over the wrongdoer. In other words, if a patient reasonably assumes that a healthcare professional represents an entity like a particular healthcare facility; the establishment can be accountable for the actions of such professionals. Decisions by district courts triggered a trial before a jury where CDI was held vicariously liable for Dr. Walker’s carelessness which led to a $15 million conclusion that sided with Websters. CDI subsequently appealed the decision.

Apparent Agency and Legal Complexity

The Sword doctrine, which lies at the heart of this case, represents a critical legal concept. It allows patients to hold healthcare facilities accountable for the actions of healthcare professionals, even when those professionals are independent contractors. The focus is on the reasonableness of the patient’s belief in the healthcare facility’s authority over the professional, rather than contractual formalities.

CDI’s argument that Dr. Walker was an independent contractor hired by MSC became irrelevant, as Courtney was unaware of this contractual relationship. The complex web of interrelated entities involved in the case only highlighted the importance of the Sword doctrine in the evolving landscape of healthcare services.


The Webster v. CDI Indiana case underscores the significance of apparent agency in holding healthcare providers accountable for the care they offer to patients. In this instance, CDI was rightfully found vicariously liable for the negligence of an independent contractor, Dr. Brian Walker. The legal decision serves as a reminder that patients should be able to trust that the healthcare facilities they visit will take responsibility for the care provided within their premises.

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