Andrews v. Aurora Charter Oak Hosp. (Summary)

VICARIOUS LIABILITY/NEGLIGENT HIRING AND SUPERVISION

Andrews v. Aurora Charter Oak Hosp., E053311 (Cal. Ct. App. Sept. 18, 2012)

In a medical malpractice case brought by the parents of a boy who was shot and killed by a law enforcement officer shortly after he was discharged from the hospital, the Court of Appeal for California affirmed a trial court’s grant of summary judgment in favor of the hospital.  The court of appeal ruled that the plaintiffs’ claim that the hospital was vicariously liable for the negligence of their son’s attending physician failed because the hospital provided credible evidence that the physician was neither its employee nor acting as its agent.  The court ruled that evidence presented by the plaintiffs that the physician received compensation for serving as an associate medical director was insufficient to refute the hospital’s evidence that he was an independent contractor, specifically that he maintained an office separate from the hospital, billed patients and their insurers for the services that he provided, and had always been an independent contractor.

The court of appeal also affirmed the grant of summary judgment with regard to the plaintiffs’ claims of negligent hiring and supervision, finding that the hospital produced evidence that the attending physician was properly credentialed and was in good standing and the plaintiffs produced no evidence to the contrary.  Moreover, the court held that the parents’ allegation of negligent hiring and supervising required a finding that the attending physician was negligent.  Medical negligence can only be established with expert testimony which the plaintiffs failed to present.