MEDICAL MALPRACTICE/VICARIOUS LIABILITY

Thomas v. VanTuinen, No. 263613 (Mich. Ct. App. Feb. 20, 2007)

The Court of Appeals of Michigan reversed the decision of a trial court, granting summary judgment to a physician in a medical malpractice case in which a patient died from being given anticoagulation medication. The appeals court found that there were issues of material fact relating to the physician's participation in medical decisions that led to the patient's death.

The appeals court found that there were issues of material fact regarding whether giving the medication to the patient in her condition violated the standard of care, whether the physician signed the order, approved of the use of the medication, or whether a resident or other treating physician who may have signed the order were under the control of the physician. In reversing the decision of the trial court, the appeals court held that, as a general rule, a supervising physician is vicariously liable for the negligence of subordinate physicians acting as the supervising physician's agent, and that if it were established that the physician was serving in a supervisory position to the resident, the physician could be held liable based on negligent supervision or vicarious liability. Also, the appeals court found that the physician could be liable for a partner's negligence as a principal, since the physician served as president of the group. Accordingly, the trial court's decision was reversed.