Mercy Hosp., Inc. v. Baumgardner

MALPRACTICE
– HOSPITAL LIABILITY FOR INDEPENDENT CONTRACTOR

Mercy Hosp., Inc. v. Baumgardner,

Nos. 3D02-3095, 3D02-2686 (Fla. Dist. Ct.
App. December 24, 2003)

A physician filed for bankruptcy soon after receiving
two adverse malpractice judgments. The plaintiffs then sued the hospital
where the malpractice occurred
to recover the damages they were awarded.

Florida’s financial responsibility statutes require a physician to either
be insured or have the ability to pay up to $250,000 per malpractice claim
in order to obtain hospital privileges. The lower court found that it was the
intent of the statutes to ensure that a person injured by the medical malpractice
of a physician with privileges would be able to recover at least $250,000 and
that a hospital is liable when a physician with privileges fails to comply
with the statute. The appellate court affirmed the lower court’s decision and
found that the statutes imposed a duty on hospitals to ensure compliance.