125 So. 3d 246
Fla. Dist. Ct. App.2013Background
- Moodys sue Lawnwood Medical Center for medical malpractice seeking vicarious liability and direct liability.
- Two settlements with the pediatrician and the orthopedist contained releases that purported to release all defendants for claims in the action.
- The releases explicitly stated Lawnwood was not released from any claim and that the plaintiffs reserved claims against Lawnwood.
- Trial court granted partial summary judgment favoring Lawnwood on vicarious liability for the pediatrician and orthopedist and on the non-delegable duty claim.
- Moodys appeal, arguing the releases did not release Lawnwood and there is a factual dispute about a hospital admissions form allegedly discharging Lawnwood.
- Issue arises whether the hospital admission form consented to a delegation that discharged Lawnwood from liability for independent contractors.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Do the releases bar Lawnwood's vicarious liability for the pediatrician and orthopedist? | Moodys contend releases include Lawnwood; intent shows release of all claims. | Releases expressly exclude Lawnwood; not released from any claim against Lawnwood. | Yes, releases do not release Lawnwood; reversed as to this basis. |
| Does the hospital admission form create a non-delegable duty and discharge Lawnwood from liability? | Lawnwood owed a non-delegable duty; form does not discharge Lawnwood absent clear assent. | Admitting terms may contractually discharge liability for independent contractors; form language supports dismissal. | Issue of fact exists regarding consent to discharge via the admissions form; remand for factual development. |
Key Cases Cited
- Wax v. Tenet Health System Hospitals, Inc., 955 So.2d 1 (Fla. 4th DCA 2006) (admission form can create contractual duties; need explicit consent not to discharge hospital)
- Pope v. Winter Park Healthcare Grp., Ltd., 939 So.2d 185 (Fla. 5th DCA 2006) (discusses non-delegable duties and contract/tort intertwinement)
- Emergency Assocs. of Tampa, P.A. v. Sassano, 664 So.2d 1000 (Fla. 2d DCA 1995) (noting extrinsic evidence not required when releases are unambiguous)