Wabash County Hosp. Found., Inc. v. Hai Lee (Summary)

ASSAULT AND BATTERY

Wabash County Hosp. Found., Inc. v. Hai Lee, No. 85A04-1306-CT-291 (Ind. Ct. App. Feb. 13, 2014)

The Court of Appeals of Indiana affirmed the trial court’s denial of a hospital’s motion to dismiss in a suit brought by an 89-year-old employed anesthesiologist claiming assault and battery.

After concerns were raised about the anesthesiologist’s fitness to practice and an investigation was commenced, the anesthesiologist took a leave of absence and the hospital suspended her surgery privileges.  During her leave, the anesthesiologist showed up at the hospital and was seen in the recovery room area checking her blood pressure.  The anesthesiologist claimed that she was injured and had to have her arm arthroscopically repaired when a nurse employed by the hospital allegedly tried to forcibly remove her from the hospital.  The hospital, which the anesthesiologist claimed was vicariously liable for the acts of the nurse, filed a motion to dismiss the suit, arguing that the court lacked jurisdiction because the suit fell within the province of the state’s Worker’s Compensation Act.  The trial court disagreed, and rejected the hospital’s motion to dismiss.  The court of appeals affirmed the trial court’s decision, concluding that the anesthesiologist’s injuries did not arise out of her employment with the hospital, nor were they inflicted during the course of her employment since she had been placed on a leave of absence and her surgery privileges had been suspended.