Kimbrell v. Mem’l Hermann Hosp. Sys. (Summary)

AGENCY/INDEPENDENT CONTRACTOR

Kimbrell v. Mem’l Hermann Hosp. Sys., No. 14-12-00108-CV (Tex. App. Aug. 1, 2013)

The Court of Appeals of Texas affirmed a lower court’s grant of summary judgment in favor of a hospital, holding that it could not be held liable as to a patient’s allegations of medical negligence of an independent contractor – the surgeon who operated on him. The court stated that while hospital employees appeared in an infomercial with the surgeon, the infomercial did not explicitly state that the surgeon was an agent or employee of the hospital.  Further, the patient signed multiple consent forms that indicated that the physicians at the hospital were independent contractors and not agents or employees of the hospital.