Laredo Med. Grp. v. Jaimes

VICARIOUS LIABILITY

Laredo Med. Grp. v. Jaimes,
No. 04-05-00216-CV (Tex. App. Jan. 31, 2007)

The Court of Appeals of Texas
reversed a lower court judgment which awarded damages against a physician
group, and held that group was not vicariously responsible for a former physician-member
who had resigned prior to causing an injury to a newborn.

The lower court found that the physician group’s counsel had stipulated
that the group would be liable for the judgment against the acting physician
and awarded damages against the group. On appeal, the appellate court rejected
this conclusion, holding that the stipulation was based on an ambiguous exchange
between the group’s counsel and the lower court, and that the lower court
was thus required to disregard it. Because it was undisputed that the acting
physician was not employed by the group on the day he attempted the vaginal
delivery, and the evidence conclusively established that the injury could have
been avoided by performing a C-section, the appellate court held that the group
was not vicariously liable for the physician’s actions as a matter of
law.