Civil Litigation
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Total Independent Contractors Cases: 3
Harry v. Marchant
15 Fla. L. Weekly Fed. c590 (11th Cir. May 24, 2002)
2002-05-24
INDEPENDENT CONTRACTORS
Hospitals are required to provide appropriate medical screening to determine if emergency medical conditions exist in individuals who present themselves at an emergency department of a hospital. If such conditions exist, the hospital has a duty to provide stabilization treatment prior to discharging or transferring the patient. However, no such duty exists if the patient is neither discharged nor transferred. This rule does not preempt a patient from filing other claims such as state malpractice and tort actions for the negligent acts of a hospital.
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Suarez v. Gonzalez
27 Fla. L. Weekly D104 (Fla. 4th DCA Jan. 2, 2002)
2002-02-02
INDEPENDENT CONTRACTORS
The court adopted the rule that where there is a foreseeable risk of harm to others, it is the duty of the employer of an independent contractor to exercise reasonable care to employ only contractors competent to do the work with the reasonable assurance of safety to others.
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Palm Beach County contracted with an independent contractor to provide transportation to developmentally disabled patrons. The driver sexually molested the plaintiff. The court found that once the County undertook to supply transportation services to the plaintiff
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