Martinez v. UMass Mem’l Health Care, Inc.

Immunity

Martinez v. UMass Mem’l Health Care, Inc., No.
2001CV2217A (Mass. Super. Ct. May 12, 2006)

An emergency room patient
brought a medical malpractice suit against two doctors (one of whom was a
resident), alleging the doctors failed to properly diagnose his kidney failure
and, as a result, he suffered further injuries. The resident moved for summary
judgment as to the claims against him, arguing that he was a public employee
and, therefore, pursuant to state law, immune from liability for acts performed
within his scope of employment. The patient countered that the doctor’s enrollment
in the residency program did not preclude him from being considered an employee
of the private hospital where the alleged malpractice occurred.

The Massachusetts Superior Court ruled that the patient had presented sufficient
evidence that the resident was subject to the control and supervision of the
private hospital and that a jury might find that he was an employee of that
hospital. The court concluded that summary judgment should not have been granted.