Currently, it is not uncommon for a patient’s care at a hospital to be described as non-delegable. In this scope of definition, presumably, the hospital would be liable to a patient for any wrongdoings made by a third party beyond situations where vicarious liability may be imposed.
One case investigated involves John Fletcher, a patient of Dr. Paul Eneboe who was seeking treatment for severe abdominal pain. Fletcher was referred to a surgeon at South Peninsula Hospital, Dr. Rene Alvarez. After multiple procedures, Alvarez was still unaware of the cause of Fletcher’s pain. Due to the condition worsening after multiple procedures, Fletcher saw another surgeon Dr. Paul Sayer, who successfully treated Fletcher for diverticulitis. Fletcher took South Peninsula Hospital to court for complaints against both the physician for negligently diagnosis and treatment and the hospital for negligence of an independent contractor surgeon who has staff privileges at the hospital. The judge must then decide whether vicarious liability was a factor.
Rule…show more content… Across the country, physicians who are independent contractors of the hospital are granted privileges to practice in a hospital. In this instance, the “hospital is not held liable for the negligence of a physician with the status of independent contractor when the hospital (1) does not control the method or manner of the services the physician provides, and (2) provides meaningful notice of an independent contractor status to the patient, acknowledged at the time of admission” (textbook citation p. 106-107). In order to file a claim for corporate negligence, a person has to prove that the standard of care was not upheld and there must be proof of
