A hospital conceded that the negligence of a perfusionist who operated a cardiopulmonary bypass machine during a patient's surgery resulted in severe brain damage to the patient. However, the hospital appealed the trial court's decision ruling that it was vicariously liable for the perfusionist's negligence.

The perfusionist worked for a group of perfusionists who were subcontracted by the hospital. The First District Court of Appeal of Florida found that the perfusionist's services fell within the definition of hospital care and medical treatment. Since there was nothing in the admission form or operating permit that gave notice that the perfusionist was not discharging the hospital's duties under its contracts with the patient, the court affirmed the trial court's decision. The court found that the hospital agreed to, and did, furnish the patient with hospital services, which included the services that the perfusionist negligently provided.