Columbus Regional Hospital v. Clyde Amburgey, Individually and as of the Estate of Moreen Amburgey
976 N.E.2d 709
Ind. Ct. App.2012Background
- Moreen Amburgey died after surgery on May 3, 2005 at Columbus Regional Hospital; care involved Dr. Xu (an anesthesiologist) and Dr. Harris (a neurologist) and hospital staff.
- Clyde Amburgey sued the Hospital and physicians for negligence, asserting the Hospital was liable for its agents and apparent authority.
- The Medical Review Panel in 2010 found a material issue of fact as to the Hospital's liability; Dr. Xu and Dr. Harris were later individually dismissed from Amburgey’s claims.
- Amburgey amended his complaint in January 2011 to name Dr. Whitworth and Dr. McEwan along with the Hospital; Dr. McEwan was later granted summary judgment in February 2011.
- In May 2011, Amburgey moved for partial summary judgment on apparent agency, claiming the Hospital failed to inform patients that care could be provided by independent contractors.
- The trial court denied Amburgey’s motion for partial summary judgment in August 2011; the Hospital sought interlocutory review on the apparent agency issues.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the expiration of the statute of limitations against Xu and Harris forecloses Amburgey’s claim against the Hospital | Amburgey asserts hospital vicarious liability can survive independent contractor limitations. | Hospital contends no vicarious liability without a timely claim against the physicians. | No; genuine issues of material fact exist on apparent agency; statute of limitations against doctors does not automatically bar hospital liability. |
Key Cases Cited
- Sword v. NKC Hosps., Inc., 714 N.E.2d 142 (Ind. 1999) (apparent/ostensible agency framework for hospital liability)
- Abshure v. Methodist Healthcare-Memphis Hosps., 325 S.W.3d 98 (Tenn. 2010) (statutory bar against doctor does not bar timely hospital vicarious claim)
- Kashishian v. Port, 481 N.W.2d 277 (Wis. 1992) (apparent authority can support hospital liability despite independent contractor status)
- Pamperin v. Trinity Mem'l Hosp., 423 N.W.2d 848 (Wis. 1988) (dissent discussing limitations and hospital liability theories when doctors are not named)