Estate of Ray ex rel. Ray v. Forgy, 227 N.C. App. 24

Plaintiffs sued Dr. Forgy and hospital defendants for medical negligence under apparent agency and corporate negligence theories.
The trial court granted summary judgment to hospital defendants on apparent agency and denied on other counts; appeal followed.
Plaintiffs and Dr. Forgy underwent binding arbitration in 2012, resulting in plaintiffs' favor.
Ray underwent gastroscopy/colonoscopy and later laparoscopic cholecystectomy performed by Forgy at Grace Hospital.
Postoperative complications culminated in Ray’s death in 2004 after transfers between facilities.
Issue on appeal is whether hospital defendants can be held liable for Forgy’s alleged negligence.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Apparent agency liability	Ray looked to hospital, not Forgy, for care.	Disclosures and separate consent forms show Forgy acted as hospital agent only if properly construed.	No genuine issue; summary judgment for hospital defendants affirmed.
Corporate negligence—credentialing and supervision	Hospital failed to monitor/credential Forgy; improper re-credentialing and oversight.	No material fact showing hospital breach in credentialing process.	Genuine issue of material fact; remand reversing summary judgment on this theory.
Rule 9(j) applicability to corporate negligence	Rule 9(j) certification required for corporate negligence claims.	Rule 9(j) applies; dismissal proper.	Rule 9(j) not required for corporate negligence claims; denial affirmed.

Diggs v. Novant Health, Inc., 177 N.C. App. 290 (2006) (apparent agency elements require patient reliance on hospital.)
Estate of Waters v. Jarman, 144 N.C. App. 98 (2001) (corporate negligence involves hospital administration/credentialing duties; reasonable prudent person standard.)
Carter v. Hucks-Folliss, 131 N.C. App. 145 (1998) (genuine issue on credentialing when renewal omissions occur.)
In re Will of Jones, 362 N.C. 569 (2008) (standard of review for summary judgment in NC is de novo.)