McFeely v. Prudential Healthcare Plan, Inc.,

McFeely v. Prudential
Healthcare Plan, Inc.,
No. 1D02-1942 (Fla. Dist. Ct. App. May 6, 2003)

The
Florida Appeals Court reversed a trial court’s decision holding that a physician
was not the agent of an HMO. The plaintiffs, on behalf of their minor son, brought
a medical malpractice action against the HMO for the alleged negligence of a
physician employed by a group that worked at one of the HMO’s clinics.

After reviewing documents pertaining to the physician’s employment, the court
found evidence to support an inference of HMO control over the physician sufficient
to present a jury question on agency. Accordingly, the court reversed and remanded
for further proceedings.