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Keywords

contractlawsuitplaintiffnegligenceliabilityappealtrial

contractplaintiffliabilityappealtrialwill

Related Cases

McDonald v. Hampton Training School for Nurses, 254 Va. 79, 486 S.E.2d 299

Facts

James J. McDonald brought a lawsuit against Sentara Hampton General Hospital, claiming that Dr. Richard F. Clark, the hospital's director of pathology, negligently interpreted his pathology specimens, resulting in a delayed cancer diagnosis. McDonald did not allege any independent negligence by the hospital itself but sought to hold it liable under the doctrine of respondeat superior. The trial court found that Dr. Clark was an independent contractor, leading to the dismissal of McDonald's claims.

Dr. Clark is the Director of Pathology at the Hospital. He is a licensed and board certified physician and has worked under a contract at the Hospital for thirty-three years.

Issue

Was Dr. Richard F. Clark an employee of Sentara Hampton General Hospital or an independent contractor, and does this affect the hospital's liability under the doctrine of respondeat superior?

Rule

The determination of whether an individual is an employee or an independent contractor involves several factors, including selection and engagement, payment of compensation, power of dismissal, and the power to control the work of the individual, with the power to control being the most determinative.

The factors which are to be considered when determining whether an individual is an employee or an independent contractor are well established: (1) selection and engagement; (2) payment of compensation; (3) power of dismissal; and (4) power to control the work of the individual. The fourth factor, the power to control, is determinative.

Analysis

The court analyzed the relationship between Dr. Clark and the hospital, noting that the trial court's conclusion that Dr. Clark was an independent contractor was based on the hospital's lack of control over his professional judgment. However, the Supreme Court found that the exercise of professional judgment is only one factor in determining employment status and that the issue should have been left to a jury to decide based on the totality of the circumstances.

The trial court's determination in this case turned upon the Hospital's lack of control over Dr. Clark's exercise of his professional judgment in carrying out his duties as a pathologist at the Hospital.

Conclusion

The Supreme Court reversed the trial court's decision and remanded the case for further proceedings, indicating that the question of Dr. Clark's employment status was a matter for the jury to determine.

Accordingly, we will reverse the judgment of the trial court and remand the case for further proceedings.

Who won?

The plaintiff, James J. McDonald, prevailed in the appeal as the Supreme Court reversed the trial court's ruling, allowing the case to proceed.

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