Ford v. Jawaid — Mar. 2016 (Summary)

VICARIOUS LIABILITY

Ford v. Jawaid
No. 22AO4-1506-CT-575 (Ind. Ct. App. Mar. 31, 2016)

The Court of Appeals for Indiana held a trial court improperly granted a hospital summary judgment with regard to a patient’s vicarious liability claim arising from a medical malpractice action against a physician. The court of appeals found the patient’s failure to refute a determination by the medical review panel that the hospital’s conduct did not contribute to the patient’s injuries with expert testimony did not preclude the patient’s vicarious liability claim. Additionally, the court of appeals held the patient was not given adequate notice that his treating physician was an independent contractor because the hospital’s patient registration form merely stated the physicians in the hospital may be independent contractors.