It is not uncommon for Maryland hospitals to hire doctors to work as independent contractors in their emergency rooms. If such physicians make mistakes that ultimately make mistakes that harm patients, the hospital typically will not be held vicariously liable for the doctor’s negligence. There are exceptions, though, such as liability based on the doctrine of apparent agency, as demonstrated in a recent Maryland medical malpractice case. If you were injured due to negligent care in a hospital setting, you might be owed damages, and it is prudent to meet with a Maryland medical malpractice lawyer to determine your possible claims.
Facts of the Case
It is reported that the plaintiff visited the defendant hospital’s emergency room following a motorcycle collision that caused him to suffer critical harm. While at the hospital, he suffered further injuries due to the negligence of the trauma surgeon that operated on him. The plaintiff filed a lawsuit seeking damages from both the surgeon, for medical malpractice and the hospital, for vicarious liability.
Allegedly, the hospital argued that it could not be vicariously liable for the acts of the surgeon as he was an independent contractor, not an employee. The case proceeded to trial, and the jury returned a verdict in favor of the plaintiff, finding that the surgeon was an agent of the hospital and the hospital was vicariously liable for his negligence. The hospital moved for judgment notwithstanding the verdict, and the court granted the motion. The plaintiff appealed. Continue Reading ›