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Hunter v. Emory-Adventist Inc.

The defendant hospital was protected from vicarious liability in the medical malpractice lawsuit because it fully complied with Georgia law in posting notice in a public area of the hospital regarding the independent contractor status of all or some of the physicians performing services at the hospital.

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In this medical malpractice action, the defendant hospital obtained summary judgment on the grounds that it did not employ the treating physician and that it was protected from vicarious liability because, in compliance with Georgia law, it posted a notice in a public area of the hospital to the effect that some or all of the health care professionals performing services at the hospital were independent contractors. On appeal, the plaintiff contends an issue of fact remains as to whether the notice was located in a public area of the hospital. The plaintiff also appeals the denial of her motion to add the treating physician’s true employer as a defendant. For the reasons stated below, we affirm.1

Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. OCGA § 9-11-56 c. We review a grant or denial of summary judgment de novo and construe the evidence in the light most favorable to the nonmovant. Home Builders Assn. of Savannah v. Chatham County, 276 Ga. 243, 245 1 577 SE2d 564 2003.

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