Ginsberg v. Northwest Medical Center
14 So. 3d 1250 (Fla. 4th DCA 2009) (July)
A patient brought suit against two doctors, as well as against their employer and the hospital. The patient was alleging vicarious liability on the part of the employer and the hospital. The hospital sought summary judgment in its favor at trial, pointing to hospital consent forms the patient signed which stated that the doctors were independent contractors. The trial court granted that motion, but the district court reversed holding that this form, in and of itself, was insufficient to disprove an agency relationship between the doctors and the hospital. The district court noted the patient’s testimony that he was in pain and under the influence of prescription drugs when he signed the form in holding that there were genuine issues of material fact regarding the hospital and doctors’ relationship. It also noted that such a form can not disprove an agency relationship if the totality of the circumstances suggest otherwise.