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Williamson v. Coastal Physician Servs. of the S.E. Inc.

A medical staffing service was not vicariously liable for the actions of its independent contractor who treatment plaintiff's husband in the emergency room two weeks before he died.

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Joe Williamson was treated by a doctor in a hospital emergency room, and approximately two weeks later died. Williamson’s wife sued, among others, Coastal Physician Services of the Southeast, Inc., which had supplied the emergency room doctor. This appeal arises from the trial court’s grant of summary judgment to Coastal on the ground that it can not be held vicariously liable for the actions of the independent contractor doctor. Because the trial court correctly found that there is no genuine issue of material fact that the doctor was an independent contractor, rather than an employee, we affirm the grant of summary judgment.

On June 14, 1996, Joe Williamson was experiencing shortness of breath, so he went to the emergency room of Columbia Fairview Park Hospital in Dublin, Georgia. In the emergency room, he was treated by Dr. Sam Johnson, who diagnosed Williamson with cellulitis, hyperglycemia and chronic obstructive pulmonary disease. Dr. Johnson discharged Williamson, but Williamson returned to the emergency room six hours later. Dr. Johnson saw Williamson and again discharged him.

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