Main Content
Zittrain Torts Playlist Spring 2018
Klaus Roessler, Appellant, v. Russell W. Novak, M.D.; Sarasota Surgical Specialists, P.A., a Florida corporation; Richard J. Lichtenstein, M.D.; SMH Radiology Associates, P.A., a Florida corporation; and Sarasota County Public Hospital d/b/a Sarasota Memorial Hospital, Appellees.
"The 'Independent' Radiology Department"
Can an entity be vicariously liable for actions notwithstanding the actual employment status of the wrongful actor?
Plaintiff suffered from complications post-surgery. He sues the hospital in which the operation took place. However, the hospital insists that the operating doctor—the alleged wrongful actor—was not an employee or agent of the hospital, but an independent contractor.
Florida District Court of Appeal
858 So. 2d 1158
No. 2D02-1670
2003-11-07
This book, and all H2O books, are Creative Commons licensed for sharing and re-use. Material included from the American Legal Institute is reproduced with permission and is exempted from the open license.