Casillas-Sanchez v. Ryder Mem’l Hosp., Inc. (Summary)

VICARIOUS LIABILITY

Casillas-Sanchez v. Ryder Mem’l Hosp., Inc., Civil No. 11-2092 (FAB) (D. P.R. Aug. 15, 2013)

The United States District Court for the District of Puerto Rico ruled that a hospital could be vicariously liable for the alleged negligence and malpractice of a non-employed emergency department physician.

The court noted that Puerto Rico law holds hospitals liable for a doctor’s negligence when the patient seeks treatment from the hospital rather than the individual physician, regardless of the doctor’s employment relationship with the hospital.  The court found that the decedent had entrusted her health to the hospital, not the doctor, and the hospital provided the negligent doctor as a treating physician.  Thus, the hospital may be held jointly and severally liable for the doctor’s negligence even though the doctor was not an employee of the hospital, but rather had privileges to practice there.