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Butler v. Domin12/7/2000
r comprehensive health care delivery. Martin C. McWilliams, Jr. & Hamilton E. Russell, III, Hospital Liability for Torts of Independent Contractor Physicians, 47 S.C.L. Rev. 431, 473 (1996). See also Clark, 628 N.E.2d at 53 (stating that " ublic policy dictates that the public has every right to assume and expect that the hospital is the medical provider that it purports to be").
The facts of Sword are remarkably similar to the facts of the case now before us. In Sword, the Supreme Court of Indiana found three facts to be of particular relevance. First, the Court noted that the record did not contain any evidence which would have indicated that the hospital did anything to put the patient on notice that her physician, an independent contractor, and not the hospital, was responsible for her medical care. Second, the Court observed that the patient did not select her own anesthesiologist prior to admission and the record did not contain any other evidence which would have indicated that the patient had any special knowledge with regard to the hospital's employment arrangements. Third, the Court noted that the hospital held itself out as a full service hospital. On the basis of these facts, the Court reversed the trial court's award of summary judgment in favor of the hospital. Sword, 714 N.E.2d at 152-53.
We conclude that the District Court erred when it granted summary judgment in favor of St. Patrick Hospital. Butler's testimony that he did not receive notice of the employment relationship between Dr. Ehrlich and St. Patrick Hospital is sufficient to raise a genuine issue of material fact as to whether St. Patrick Hospital intentionally or negligently caused Butler to believe that Dr. Ehrlich was its agent. Furthermore, it is not apparent from the record that Butler had any knowledge which would indicate that he did not in fact believe that Dr. Ehrlich was St. Patrick Hospital's employee. As in Sword, Butler contends that neither he nor his private physician selected Dr. Ehrlich to perform the epidural injection. See Sword, 714 N.E.2d at 152-53. Therefore, the District Court's award of summary judgment on behalf of St. Patrick Hospital is hereby reversed.
Affirmed in part, reversed in part, and remanded.
JIM REGNIER
We Concur:
J. A. TURNAGE
WILLIAM E. HUNT, SR.
W. WILLIAM LEAPHART
JAMES C. NELSON
TERRY N. TRIEWEILER
KARLA M. GRAY
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