Shands Teaching Hosp. and Clinic, Inc. v. Juliana

Shands Teaching Hosp. and Clinic, Inc. v. Juliana,

No. 1D02-1530 (Fla. Ct. App. August 29, 2003)

A
hospital conceded that the negligence of a perfusionist who operated a cardiopulmonary
bypass machine during a patient’s surgery resulted in severe brain damage to
the patient. However, the hospital appealed the trial court’s decision ruling
that it was vicariously liable for the perfusionist’s negligence.

The perfusionist worked for a group of perfusionists who were subcontracted
by the hospital. The First District Court of Appeal of Florida found that the
perfusionist’s services fell within the definition of hospital care and medical
treatment. Since there was nothing in the admission form or operating permit
that gave notice that the perfusionist was not discharging the hospital’s duties
under its contracts with the patient, the court affirmed the trial court’s
decision. The court found that the hospital agreed to, and did, furnish the
patient with hospital services, which included the services that the perfusionist
negligently provided.