Settle v. Basinger
2013 COA 18
Colo. Ct. App.2013Background
- Plaintiffs Settle appeal a judgment in favor of Dr. Basinger and Rio Grande Hospital.
- ER treatment involved tracheal/esophageal injuries from traumatic intubation and subsequent care decisions.
- Air Life nurses and a non-hospital physician performed intubation under supervision in the ER; Air Life arranged transport.
- Dr. Basinger performed chest procedures and was present in the ER during intubation attempts.
- Swedish Medical Center later identified lacerations attributed to traumatic intubation; injuries occurred outside the operating room.
- Trial court granted partial summary judgment on various theories and the case proceeded to a second trial resulting in a finding of negligent conduct by Dr. Basinger but non-causation for the injuries.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Captain of the ship doctrine applicability | Settle seeks vicarious liability for nurses' acts | Captain doctrine not extendable to ER non-operating-room setting | Captain doctrine not extended to ER; no vicarious liability |
| Negligent supervision claim against Dr. Basinger | Basinger owed duty to supervise Air Life nurses | No duty to supervise absent antecedent knowledge of risk | Trial court did not abuse discretion; negligent supervision claim rejected |
| Vicarious liability via captain doctrine vs direct liability | Nurse negligence plus attending physician control | No vicarious liability under captain doctrine; no direct negligence shown by Basinger | Captain doctrine not applicable; no direct causation shown |
| Dr. Basinger summary judgment on direct negligence | Basinger negligent in examination/treatment during ER | Nurses' actions were negligent; no evidence of Basinger's own negligence | Summary judgment for Basinger affirmed; no causation established |
| Negligent credentialing claim against Rio Grande Hospital | Hospital failed to verify credentials; negligent credentialing | No causal link shown between credentialing and injury | Summary judgment for hospital affirmed; no causal connection shown |
Key Cases Cited
- Beadles v. Metayka, 311 P.2d 711 (Colo.1949) (captain of the ship doctrine referenced in Colorado history)
- Adams v. Leidholt, 579 P.2d 618 (Colo.1978) (doctrine distinguished; post-operative control limits liability)
- Carpenter v. Young, 773 P.2d 561 (Colo.1989) (discusses captain of the ship doctrine in Colorado)