The derivative claim is dismissed. The undisputed facts demonstrate that plaintiff engaged Dr. Rish as her physician and paid him directly for his services and that she consulted with him at his private office where the alleged silicone injections were administered. Although Dr. Rish was a part owner of defendant private proprietary hospital and served as president of its board of directors and as chief of plastic surgery, there is no evidence that he was an agent or employee of the hospital. A physician’s involvement as a director or stockholder of a hospital does not supply any inference that the hospital controlled or supervised his private practice plaintiff failed to submit any other proof that Dr. Rish was the actual or apparent agent of the hospital, hence, under the circumstances here, the hospital
Further, the record does not establish that the hospital failed to furnish skillful care or that it assumed the obligation to obtain plaintiff’s informed consent and partial summary judgment is directed in favor of the hospital (CPLR 3212 [e]). In our view, however, plaintiff has established the existence of issues of fact relating to the hospital’s breach of its duty to investigate Dr. Rish’s competency before renewing his staff privileges. While a hospital is not responsible for the actual treatment of a patient by a private physician with staff privileges, the failure of a hospital to develop and adhere to reasonable procedures for reviewing a physician’s qualifications creates a foreseeable risk of harm thus establishing an independent duty to such patients (Bowhall v Hanlon,