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

VICARIOUS LIABILITY

Magnini v. Centegra Health Sys., No. 1-13-3451 (Ill. App. Ct. June 10, 2015)

A patient who was injured as a result of gastric bypass surgery brought a medical malpractice suit against a hospital (where the surgery was performed and the patient received follow-up care) and against several physicians related to her surgery and after care. The patient sought to recover against the hospital based on vicarious liability. In order to succeed on this theory, the patient needed to prove that the physicians were “agents and employees” of the hospital.

The court held in favor of the hospital because a bariatric services agreement and medical director services agreement between the hospital and the physicians indicated that the hospital did not retain the right to control the manner in which the physicians treated their patients. Also, the court observed that an agency relationship did not exist simply because the physicians were required to comply with the hospital’s medical staff bylaws. Furthermore, despite the fact that one physician was a hospital administrator in addition to a physician, because those duties were “distinct and separate” from the individual’s duties as a physician, the physician was not acting as an agent or employee of the hospital. Thus, the hospital was not held liable for the physicians’ actions.