Blackburn v. Columbia Med. Ctr.

Blackburn v. Columbia Med. Ctr.,
No. 2-00-426-CV (Tex. App. Sept. 27, 2001)

A woman brought a medical malpractice action against a hospital, alleging that a
fracture in her spine was not properly diagnosed by a radiologist. Her contention
was that the hospital was liable because it was engaged in a “joint enterprise”
with the radiology group which employed or contracted with the radiologist in
question. Therefore, the woman argued that the negligence of the radiologist was
imputed not only to the radiology group, but also to the hospital. The hospital
was granted summary judgment and the woman appealed.

On appeal to the Court of Appeals of Texas, Fort Worth, the court reviewed
all of the elements that were necessary to sustain a claim for joint venture
liability. The court determined that one of the essential elements, a “community
of pecuniary interest” between the hospital and the radiology group, was
not demonstrated and it affirmed summary judgment. The court found that there
was no agreement to share profits or losses, and no evidence of sharing of resources,
pooling of funds, or monetary investment. In fact, the court held that the evidence
supported the fact that the defendants merely maintained an independent contractor
relationship.