Personal Injury Lawyer Blog
The following blog entry is written from a defendant’s position during the early stages of litigation. Reviewing this kind of briefing should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this medical malpractice/personal injury case and its proceedings.)
Universal Medical Center’s Opposition to Plaintiffs’ Motion for Summary Adjudication
Defendant, UNIVERSAL MEDICAL CENTER (“UMC”) hereby opposes plaintiffs motion for summary adjudication. Plaintiffs have failed to meet their burden because UMC is not liable for the acts of an independent contractor physician; plaintiffs’ moving papers fail to establish ostensible agency pursuant to the three prong test set forth by Mejia and plaintiffs were given actual notice that Dr. Cruz was an independent contractor, and Dr. Cruz was not a UMC employee or agent. Thus, summary adjudication must be denied.
MEMORANDUM OF POINTS AND AUTHORITIES
Summary adjudication must be denied because (1) UMC is not liable for the acts of an independent contractor physician; (2) plaintiffs’ moving papers fail to establish ostensible agency pursuant to the three prong test set forth by Mejia and plaintiffs were given actual notice that Dr. Cruz was an independent contractor, and (3) Dr. Cruz was not a UMC employee or agent.
UMC is Not Liable for Independent Contractor Physicians.
If a doctor is an independent contractor at a hospital, the hospital is not liable for a doctor’s alleged negligence. (Mayers v. Litow (1957) 154 Cal.App.2d 413; Konoff v. Fraser (1944) 62 Cal.App.2d 788.)
Physicians at UMC, including Dr. Cruz, are not hospital employees, rather they are independent contractors who are granted staff privileges at UMC. (See Part 2 of 4.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.