Magnini v. Centegra Health Sys. – April 2015 (Summary)

VICARIOUS LIABILITY

Magnini v. Centegra Health Sys., No. 1-13-3451 (Ill. App. Ct. Apr. 29, 2015)

The Appellate Court of Illinois affirmed a lower court’s dismissal of a medical negligence case brought by a patient against a hospital. The court held that the hospital was not liable for the acts of the physicians who performed the patient’s surgery because the physicians were independent contractors. In her suit, the patient claimed that she suffered numerous complications resulting from a gastric bypass surgery performed by the physicians and that the hospital was vicariously liable for the physicians’ alleged negligence. The hospital moved to dismiss the case, arguing that it could not be vicariously liable for the physicians’ conduct because of the physicians’ independent contractor status. The court agreed and rejected the patient’s arguments that the hospital controlled the physicians’ provision of medical care to patients through the following: (1) a medical director services agreement with one of the physicians, (2) an exclusive bariatric services agreement with the group which employed the physicians, and (3) the hospital’s medical staff bylaws. With respect to the medical staff bylaws, the court observed that the document concerns matters “that are collateral to patient care decisions, which remain in the exclusive control of physicians.” Similarly, the court concluded that the medical director services agreement explicitly indicated that the physician was an independent contractor and the hospital did not exercise any control over the methods by which the physician would perform his responsibilities. Finally, the exclusive agreement for bariatric services did not contain any evidence “to negate the doctors’ status as independent contractors.”