Can a Hospital be Responsible for Patient Care by an Outsourced Physician?

Q:A patient went into cardiac arrest in her home and was transported by ambulance to a local medical center where she was in a coma. After some hours in the emergency department (ED), the treating physician arranged for a transfer to another hospital with a Level II trauma center because it was better equipped to provide appropriate care. Once the patient arrived at the second hospital, still in a coma, the treating physician in the hospital’s ED decided against inducing therapeutic hypothermia. The patient was left with permanent brain damage and complete disability. Her family sued the second hospital, alleging negligence and harm caused by the ED physician’s decision not to induce hypothermia.

A Court of Appeals was asked to dismiss a case against a hospital because the hospital’s ED was operated by an independent contractor physician group, and the doctor who treated the patient was employed by the independent contractor. Thus, the hospital claimed it was not responsible for the harm to a patient.

IS THE HOSPITAL AT FAULT?

(Answer and discussion on the next page)

The Background

The hospital asked that the case be dismissed, claiming that its agreement with the group that provided emergency services clearly stated that the ED would be run as an independent contractor with no employer/employee relationships created between the hospital and the physicians employed by the company. Thus, the hospital argued, only the independent contractor and its physicians could be held liable for negligence arising from treatment decisions in the emergency department. The trial court agreed and dismissed the case. The plaintiff appealed, and the case went to the Court of Appeals.

The Case

The Court of Appeals noted that the contract between the hospital and the physician group running the ED cut both ways. On the one hand, it did state that no employer/employee relationship is created and that the physician group—not the hospital—is responsible for the acts of its employees. But on the other hand, the agreement gave the hospital ultimate control of

ED personnel and the methods and practices of the emergency physicians. The agreement stated that “the overall authority and responsibility for policy, administration and executive control matters relating to the operation of the Emergency Department” shall remain with the hospital. The Court noted that the agreement repeatedly sets forth the hospital’s ultimate control over the ED and places final physician-hiring authority with the hospital.

The Decision

Based on this, the Court concluded that there is a genuine dispute about the hospital’s supervision and control of the ED physician, and thus the Court reversed the trial court’s dismissal of the case.

REFERENCE:

• Latisha A. Gradia, individually, and Latisha A. Gradia, as Next Friend of BXG and BNG, minor children vs Baptist Hospital, Inc. Justia. Accessed December 13, 2022. https://law.justia.com/cases/florida/first-districtcourt-of-appeal/2022/21-1560.html