Medical malpractice actions are commenced after expert review of the medical records discloses departures from proper medical practices that substantially contributed to the claimed injury. Based upon these records, suit is brought naming the responsible health care providers as defendants, some of whom may be employees of other defendants. Most typically, this involves attending physicians, residents or nurses who are employed by defendant hospitals or medical groups.
Once discovery has been completed and the case is ready to be tried, or perhaps even during the trial itself, the plaintiff may decide for any number of reasons that there is no need to have an employee continue as a defendant in the action and may prefer to discontinue against that employee, while continuing to pursue the employer for its vicarious liability. As simple and straightforward as this sounds, there exist potential pitfalls that must be protected against before giving the employee a discontinuance. The reasons for this and how to avoid these risks are the subject of this month’s column.
‘Escobar’ Case
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