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Keywords

contractplaintiffliabilityappealtrialtestimonysummary judgmentmalpractice

plaintiffliabilityappealtrialmotionsummary judgmentmalpracticemotion for summary judgment

Related Cases

Whitlow v. Rideout Memorial Hospital, 237 Cal.App.4th 631, 188 Cal.Rptr.3d 246, 15 Cal. Daily Op. Serv. 5902, 2015 Daily Journal D.A.R. 6373

Facts

The deceased patient, suffering from severe headaches and other symptoms, was taken to the hospital's emergency room by her son. During the admission process, she was asked to sign a 'Conditions of Admission' form that stated the physicians were independent contractors. The son later testified that his mother was in extreme pain and unable to read or understand the form. Despite the form and signage indicating the independent contractor status of the physicians, the son argued that the hospital's actions created a reasonable belief that the physician was an agent of the hospital.

Decedent's son, Dean Whitlow, submitted a declaration in opposition to the hospital's motion for summary judgment in which he described his mother's condition in the early morning hours of August 24, 2008.

Issue

Did the hospital provide sufficient notice to the patient that the emergency room physician was an independent contractor and not an agent of the hospital?

The question thus presented is whether the hospital's form and signage entitles the hospital to judgment as a matter of law.

Rule

A hospital can be held liable for a physician's malpractice if the physician is actually employed by or is the ostensible agent of the hospital. The determination of ostensible agency is a question of fact, which requires consideration of whether the hospital's conduct would lead a reasonable person to believe an agency relationship existed.

A hospital is liable for a physician's malpractice when the physician is actually employed by or is the ostensible agent of the hospital.

Analysis

The court analyzed the evidence presented, including the admissions form and the signage in the emergency room, to determine if they provided adequate notice to the patient. It noted that the patient's condition at the time of signing the form, along with the testimony regarding her inability to understand the form, raised significant questions about whether she was aware of the physician's independent contractor status. The court emphasized that the mere existence of the form and signage was not sufficient to absolve the hospital of liability, especially in an emergency context where patients are often in distress.

The court analyzed the evidence presented, including the admissions form and the signage in the emergency room, to determine if they provided adequate notice to the patient.

Conclusion

The Court of Appeal reversed the trial court's summary judgment, concluding that there were triable issues of material fact regarding the patient's understanding of the physician's status and the hospital's liability.

Who won?

The prevailing party is the plaintiffs, Dean Whitlow and Candace Whitlow-Powell, as the Court of Appeal reversed the summary judgment in favor of the hospital, allowing their wrongful death claim to proceed.

The prevailing party is the plaintiffs, Dean Whitlow and Candace Whitlow-Powell, as the Court of Appeal reversed the summary judgment in favor of the hospital.

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