MEDICAL MALPRACTICE – Facility not vicariously liable for decision of private contractor physician

5/4/2017 | Matthew J. O'Keefe
mjokeefe@jacksonokeefe.com

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Matthew J. O'Keefe

MEDICAL MALPRACTICE Facility not vicariously liable for decision of private contractor physician:

The Connecticut Superior Court holds that the Eastern Connecticut Health Network was not vicariously liable for allegedly negligent treatment by a physician who provided care at the facility.  The court rejected the plaintiff’s theories of both direct and apparent agency.  The court noted that ECHN was neither a professional services corporation nor a medical foundation and, therefore, was prohibited from practicing medicine or exercising control over the practice of medicine by physicians.  The evidence before the court showed that the physician maintained a private practice and worked at ECHN as a private contractor.  Despite the fact that ECHN provided the facility where the plaintiff was seen by the physician, and also provided letterhead used for consent forms and other documents provided to the plaintiff, these were insufficient to establish that ECHN had a right to control the physician’s clinical decisions.  Summary judgment is granted in favor of the defendant.  Greene v. Quraishi, CV13-6045815 (1/25/17 Peck, JTR)

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