Procedure
A. Who are the parties?
1. Plaintiff: Alethia Simmons.
2. Defendant: Tuomey Regional Medical.
B. Court?
Circuit
Court Judge in Sumter County
C. Court Decision?
Summary judgment
motion was granted to Tuomey Regional hospital.
D. History of the case?
Due to actual
agency, apparent agency, and no delegable duty Alethia Simmons concluded to
appeal the courts decision.
Facts
A. State the facts which were recited in
court?
1. The accident occurred January 24,
1994 while McBride was operating his moped.
2. There was injury to the back of
Simmons fathers head.
3. McBrides contusions were treated and
he was dispatched from the hospital after given instructions to cease from
alcohol consumption.
4. Dr. Cooper and Dr. Anderson inspected
McBride during his admission.
5. Admission form stated: “THE PHYSICIANS PRACTICING IN THIS EMERGENCY
ROOM ARE NOT EMPLOYEES OF TUOMEY REGIONAL MEDICAL CENTER. THEY ARE INDEPENDENT PHYSICIANS, AS ARE ALL
PHYSICIANS PRACTICITING IN THIS HOSPITAL.”
6. McBride suffered from subdural
hematoma and eventually expired.
Holding
A. What is the court’s Decision?
Toumey was granted a
summary judgement motion.
B. What is the rationale?
The hospital was granted
a summary judgment due to the contract that was signed by Simmons, stating that
the physicians were “independent contractors”.
C. Do you approve of the rationale?
I approve of the
rationale because law clearly states that if one is an independent contractor,
He/She should be fully responsible for any negligence or tort
Implications
Implications
A. What does the case mean for
healthcare today?
In today’s days, the faculties who
are independent contractors are held fully responsible for any mishaps, negligence
or torts. Being an independent contractor no longer protects faculties from
being trialed by law.
Bibliography
Find Law. (1998, Februrary 02). Retrieved April 26, 2013,
from SIMMONS v. TUOMEY REGIONAL MEDICAL CENTER:
http://caselaw.findlaw.com/sc-court-of-appeals/1460256.html
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