INDEPENDENT CONTRACTOR NEGLIGENT

Citation: Hoffman v. Moore Reg'l Hosp., Inc., 441 S.E.2d 567 (N.C. Ct. App. 1994)

Facts

Hoffman was admitted to the hospital with an order for a renal arteriogram. After her admission, Hoffman was presented with a consent form for the procedure. The consent listed five radiologists on the form but did not specify which radiologist would perform the procedure. The list of radiologists was composed of members of the Pinehurst radiology group, which determined which radiologist would cover the hospital each day. Dr. Lina was assigned to perform Hoffman's procedure. Following the renal arteriogram, Lina determined that an angioplasty was necessary. Because of complications during the procedure, Hoffman had to be transferred to University Medical Center. Her condition deteriorated during the following year and she eventually died. Mr. Hoffman then sought to hold the hospital liable for the negligence of the radiologist under the theory of respondeat superior. The trial court dismissed the claim that the hospital was liable under the theory of respondeat superior.

Issue

Was the hospital liable for the malpractice of Lina under the theory of respondeat superior?

Holding

The North Carolina Court of Appeals held that the hospital was not liable for the negligence of Lina under the theory of respondeat superior.

Reason

The court of appeals held that Lina was not an employee of the hospital. He was not subject to supervision or control by the hospital. There was no evidence that Hoffman would have sought treatment elsewhere if she had known for a fact that Lina was not an employee.

Discussion

1. Under what conditions could the hospital have been liable for Lina's alleged negligence?

2. Can the patient recover damages from the radiologist who performed the radiologic procedure?

3. Can the patient recover damages from the Pinehurst radiology group?

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