St. Joseph Hosp. v. Wolff

St. Joseph Hosp. v. Wolff,
No. 99-1192 (Tex. Nov. 5, 2002)

When
St. Joseph Hospital was held vicariously liable for the negligence of a physician
enrolled in its residency program, it appealed to the Supreme Court of Texas.
The negligence had occurred while the resident was practicing at another hospital,
under the supervision of the other hospital’s agent. The Texas Supreme Court
found there to be neither a joint enterprise nor a joint venture between the
two hospitals and held that, when the resident treated the patient, he was acting
as the borrowed employee of the medical institution supervising him. Accordingly,
the judgment against St. Joseph was reversed.