ACADEMIC MEDICAL CENTER/SOVEREIGN IMMUNITY

Carnaci v. Pillarisetty, No. 011345 (Mass. Super. Oct. 25, 2006)

A patient brought a medical malpractice suit against a resident and a medical center affiliated with a public university. The university and the medical center had recently entered into several academic affiliation and support agreements, which defined the responsibilities of each entity in a wide variety of settings, including the training of medical residents. The resident contended that she was an employee of the university and, as a public employee, was immune from malpractice suit. The medical center, to avoid vicarious liability, argued the same. The patient responded that, by the terms of the agreements between the medical center, and the university, the residents were in fact employees of the private medical center, and therefore not immune.

The Superior Court of Massachusetts agreed with the patient's allegations. The court noted the general rule that a resident is a servant of the hospital, and that this rule could not be automatically abdicated by specific language in the academic affiliation and support agreements indicating that the residents "shall remain employees of the University." Rather, the court pointed to provisions in the contract whereby the medical center explicitly reserved the right to direct and control the residents in matters affecting patient care. The court pointed to the obvious fact that while the residents were caring for patients, they were doing the business of the medical center, and not the university. Accordingly, the court denied the defendants' motions to dismiss.