Emergency drop-off area at hospital in downtown Baltimore. (Photo: Diego M. Radzinschi/ALM) Hospital May Be Held Liable for Independent Contractor Doctors, Washington Court Holds
"However, where an entity has a nondelegable duty, it cannot avoid liability simply by delegating its duty to an independent contractor," Chief Justice Steven C. González wrote on behalf of the Washington Supreme Court. "Instead, an entity will be vicariously liable for the independent contractor's negligent performance of that duty absent special circumstances not present here."
April 15, 2024 at 10:35 AM
3 minute read
What You Need to Know
- A negligence suit against a Washington hospital was revived Thursday after the state's Supreme Court reversed the Court of Appeal's dismissal.
- Cindy Essex died less than 24 hours after visiting Samaritan's emergency room after doctors failed to diagnose her necrotizing fasciitis.
- The panel said the ultimate duty of care remains with the hospital, regardless if the doctors performing the care are employed by the hospital or not.
The Washington Supreme Court revived a negligence claim against a hospital Thursday, unanimously holding that a hospital cannot escape liability for the negligent provision of emergency services by delegating that duty to its nonemployee doctors.
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