940 N.E.2d 338
Ind. Ct. App.2010Background
- Beswicks filed a medical malpractice action on March 2, 2006, alleging Dr. Bell and Floyd Memorial failed to meet the standard of care in Beswick's March 5, 2004 elbow surgery.
- Dr. Bell was an independent contractor; Floyd Memorial hospital operated under a non-employee physician model with privilege-based practice.
- The Medical Review Panel issued a unanimous opinion on April 21, 2009 that the evidence did not support a breach of standard of care by Floyd Memorial.
- Floyd Memorial moved for summary judgment on September 21, 2009; Beswicks opposed on January 4, 2010, attaching two affidavits by Dr. Roback.
- The trial court struck the second Roback affidavit and granted Floyd Memorial's summary judgment motion on May 7, 2010.
- On appeal, the Indiana Court of Appeals affirmed, holding that hospitals generally are not liable for independent contractor physicians and that the evidence did not create a genuine issue of material fact.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred in striking the Roback affidavit | Beswicks argue the affidavit credibly supports liability. | Floyd Memorial argues the affidavit misstates the duty and advances improper legal conclusions. | No reversible error; affidavit struck properly as to hospital's duty. |
| Whether the trial court correctly granted summary judgment | Beswicks contend there is a genuine issue of material fact, including negligent credentialing theories. | Floyd Memorial asserts no genuine issue since the hospital is not liable for independent contractor physician negligence and there is no proven hospital duty. | Summary judgment affirmed; no genuine issue of material fact regarding hospital liability for independent contractor physician. |
Key Cases Cited
- Funk v. Bonham, 183 N.E. 316 (Indiana (1932)) (surgeon's non-delegable duty for surgical care)
- Yaney by Yaney v. McCray Memorial Hosp., 496 N.E.2d 135 (Ind. Ct. App. 1986) (hospital generally not liable for doctors on its staff)
- Sword v. NKC Hospitals, Inc., 714 N.E.2d 142 (Ind. 1999) (hospital not liable for independent contractor negligence)
- Oelling v. Rao, 593 N.E.2d 189 (Ind. 1992) (standard of care must be stated by medical expert for material issue)
- Jordan v. Deery, 609 N.E.2d 1104 (Ind. 1993) (expert affidavit must establish credentials and conclusion of breach)