Hospital Liability for Acts of Non-Employee Physicians NEW
1. Marvin M. Boren, as husband of Dorothy Faye Boren v. Mark T. Weeks, M.D., d/b/a Emergency Medicine Associates and Sterling, M2007-00628-SC-R11-CV (Tenn. S. Ct. May 6, 2006).
The Court's Summary:
"In this medical malpractice appeal, the trial court denied the hospital’s motion for summary judgment finding that a factual dispute exists as to whether the hospital may be held vicariously liable for the alleged negligence of an independent contractor emergency room physician based on a theory of apparent agency. The Court of Appeals reversed the trial court and granted summary judgment to the hospital on all grounds, concluding that the hospital’s “efforts to disavow that the emergency department physicians were agents of the hospital were sufficient to preclude the plaintiff’s claims based on apparent agency.” Upon thorough consideration of the record and of the applicable law, we hold that summary judgment was inappropriate because genuine issues of material fact exist concerning whether the hospital may be held vicariously liable under an apparent agency theory, and in particular whether the hospital provided its patient with adequate notice that the emergency room physicians were independent contractors rather than employees. Therefore, we reverse the Court of Appeals’ decision granting summary judgment and remand this case to the trial court for further proceedings consistent with this opinion. View opinion.
2. Amanda Lynn Dewald, and husband, Thomas B. Dewald v. HCA Health Services of Tennessee, Inc., d/b/a Stonecrest Medical Center, and Adrian Lamballe, M2006-02369-SC-R11-CV (Tenn. S. Ct. May 6, 2008).
The Court's Summary:
"In this medical malpractice appeal, the trial court denied the hospital’s motion for summary judgment finding that a factual dispute exists as to whether the hospital may be held vicariously liable for the alleged negligence of an independent contractor radiologist based on a theory of apparent agency. The Court of Appeals reversed the trial court and granted summary judgment to the hospital on all grounds. We granted permission to appeal and consolidated this case for argument with Boren v. Weeks, No. M2007-00628-SC-R11-CV, — S.W.3d — (Tenn. April –, 2008). In Boren, in an opinion filed contemporaneously herewith, we adopted the analysis derived from the Restatement (Second) of Torts § 429 for determining when a hospital may be held vicariously liable for the negligence of independent contractor physicians. Therefore, we reverse the Court of Appeals’ grant of summary judgment and remand to the trial court for further proceedings and for reconsideration of the hospital’s motion for summary judgment consistent with the analysis and new standard adopted in Boren."
Opinion not presently available.
3. James B. Thomas, Jr., ex rel., Karen G. Thomas v. Elizabeth Oldfield, M.D., et al., M2007-01693-COA-R3-CV (Tenn. Ct. App. June 2, 2008).
The Court's Summary:
"The issue on appeal in this medical malpractice action is whether the hospital is vicariously liable for the acts or omissions of an emergency room physician. The trial court summarily dismissed all claims against the hospital finding that it was not vicariously liable for the conduct of the emergency room physician because he was neither its actual or apparent agent. We find the trial court correctly granted summary judgment to the hospital on the issue of actual agency because there are no material facts in dispute and the hospital is entitled to summary judgment on the issue of actual agency as a matter of law. We, however, find that material facts are in dispute concerning whether the hospital held itself out to the public as providing medical services; whether the plaintiff looked to the hospital rather than to the individual physician to perform those services; whether the patient accepted those services in the reasonable belief that the services were provided by the hospital or a hospital employee; and, if so, whether the hospital provided meaningful notice to the plaintiff at the time of admission that the emergency room physician was not its agent. Accordingly, we have determined the hospital was not entitled to summary judgment on the issue of apparent agency. Therefore, we remand to the trial court the issue of apparent agency for further proceedings consistent with this opinion." View opinion.
The Court's Summary:
"In this medical malpractice appeal, the trial court denied the hospital’s motion for summary judgment finding that a factual dispute exists as to whether the hospital may be held vicariously liable for the alleged negligence of an independent contractor emergency room physician based on a theory of apparent agency. The Court of Appeals reversed the trial court and granted summary judgment to the hospital on all grounds, concluding that the hospital’s “efforts to disavow that the emergency department physicians were agents of the hospital were sufficient to preclude the plaintiff’s claims based on apparent agency.” Upon thorough consideration of the record and of the applicable law, we hold that summary judgment was inappropriate because genuine issues of material fact exist concerning whether the hospital may be held vicariously liable under an apparent agency theory, and in particular whether the hospital provided its patient with adequate notice that the emergency room physicians were independent contractors rather than employees. Therefore, we reverse the Court of Appeals’ decision granting summary judgment and remand this case to the trial court for further proceedings consistent with this opinion. View opinion.
2. Amanda Lynn Dewald, and husband, Thomas B. Dewald v. HCA Health Services of Tennessee, Inc., d/b/a Stonecrest Medical Center, and Adrian Lamballe, M2006-02369-SC-R11-CV (Tenn. S. Ct. May 6, 2008).
The Court's Summary:
"In this medical malpractice appeal, the trial court denied the hospital’s motion for summary judgment finding that a factual dispute exists as to whether the hospital may be held vicariously liable for the alleged negligence of an independent contractor radiologist based on a theory of apparent agency. The Court of Appeals reversed the trial court and granted summary judgment to the hospital on all grounds. We granted permission to appeal and consolidated this case for argument with Boren v. Weeks, No. M2007-00628-SC-R11-CV, — S.W.3d — (Tenn. April –, 2008). In Boren, in an opinion filed contemporaneously herewith, we adopted the analysis derived from the Restatement (Second) of Torts § 429 for determining when a hospital may be held vicariously liable for the negligence of independent contractor physicians. Therefore, we reverse the Court of Appeals’ grant of summary judgment and remand to the trial court for further proceedings and for reconsideration of the hospital’s motion for summary judgment consistent with the analysis and new standard adopted in Boren."
Opinion not presently available.
3. James B. Thomas, Jr., ex rel., Karen G. Thomas v. Elizabeth Oldfield, M.D., et al., M2007-01693-COA-R3-CV (Tenn. Ct. App. June 2, 2008).
The Court's Summary:
"The issue on appeal in this medical malpractice action is whether the hospital is vicariously liable for the acts or omissions of an emergency room physician. The trial court summarily dismissed all claims against the hospital finding that it was not vicariously liable for the conduct of the emergency room physician because he was neither its actual or apparent agent. We find the trial court correctly granted summary judgment to the hospital on the issue of actual agency because there are no material facts in dispute and the hospital is entitled to summary judgment on the issue of actual agency as a matter of law. We, however, find that material facts are in dispute concerning whether the hospital held itself out to the public as providing medical services; whether the plaintiff looked to the hospital rather than to the individual physician to perform those services; whether the patient accepted those services in the reasonable belief that the services were provided by the hospital or a hospital employee; and, if so, whether the hospital provided meaningful notice to the plaintiff at the time of admission that the emergency room physician was not its agent. Accordingly, we have determined the hospital was not entitled to summary judgment on the issue of apparent agency. Therefore, we remand to the trial court the issue of apparent agency for further proceedings consistent with this opinion." View opinion.