pain may be considered inappropriate notification in court.
• Evaluate non-employees. Don't neglect your role as gatekeeper,
either. Your facility's liability for the actions, inactions or miscon-
duct of subcontractor personnel is a valid concern, so it is critically
important to routinely evaluate everyone who provides patient care
services on a contract basis.
OSM
Mr. Roberts (kroberts@bracheichler.com) is a member of the Health Care
Practice Group at Brach Eichler in Roseland, N.J., where he focuses on com-
plex insurance litigation and PIP (personal injury protection) arbitration.
J U l y 2 0 1 6 • O U T PA T I E N TS U R G E R Y. N E T • 3 3
In a ruling on the case of Cordero v. Christ Hospital in 2008
(osmag.net/CYEd9g), a New Jersey appeals court let a patient
pursue a liability claim against the hospital due to the actions of
an anesthesiologist subcontractor based on "the totality of cir-
cumstances." The circumstances through which the court decid-
ed that the physician had acted as the hospital's apparent agent
included:
• Whether the hospital had supplied the physician.
• Whether the care the physician provided was integral to the
treatment the patient received.
• Whether the patient had been notified of the physician's inde-
pendence from the hospital.
• Whether the patient had been given the opportunity to reject
the care or select a different doctor.
• Whether the patient had had any contact with the physician
before the case.
• Whether the patient had any special knowledge of the physi-
cian's contractual arrangement with the hospital.
— Keith J. Roberts, JD
VICARIOUS LIABILITY
Court: Hospital Liable for Contracted Anesthesiologist
