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Romero v. Schulze3/19/1999
claims for negligent hiring and negligent supervision, arguing that the notice-of-claim time period did not commence until she became aware of the employment relationship and, therefore, of the hospital's negligence. The hospital claims that Romero could have brought her claims for negligent hiring and supervision in a timely manner without knowing that Dr. Schulze was employed by the hospital because her claims were not dependent upon the existence of an employment relationship.
The hospital relies on Greenwood v. Wierdsma, 741 P.2d 1079 (Wyo. 1987), and Sharsmith v. Hill, 764 P.2d 667 (Wyo. 1988), in arguing that the employment relationship was of no consequence to Romero's claims for negligent hiring and supervision. It argues that, under these cases, hospitals are required to screen their physicians so that only competent physicians are allowed on staff and hospitals must supervise and review treatment rendered by the physicians to ensure quality health care is being rendered. Greenwood, 741 P.2d at 1088; Sharsmith, 764 P.2d at 673. The hospital claims that it is required to perform these duties regardless of whether its physicians are employees or only have staff privileges.
An important distinction exists between the point the hospital makes and the case at bar. Although we agree that the torts of negligent hiring and supervision do not depend upon an employment relationship, the hospital could potentially be liable under a respondeat superior theory. Traditionally, a hospital is not liable for the negligence of a physician who is an independent contractor. Adamski v. Tacoma General Hospital, 579 P.2d 970, 973 (Wash. Ct. App. 1978). In this case, however, the physician was an employee of the hospital. Under the doctrine of respondeat superior, an employer is liable for the negligence of an employee who is acting within the scope of his employment. Austin v. Kaness, 950 P.2d 561, 563 (Wyo. 1997). This Court has recognized that, if a physician is the employee of a hospital, the hospital may be held liable for the injuries negligently inflicted by the physician under the doctrine of respondeat superior:
"Where a hospital holds itself out to the public as providing a given service,... and where the hospital enters into a contractual arrangement with one or more physicians to direct and provide the service, and where the patient engages the services of the hospital without regard to the identity of a particular physician and where as a matter of fact the patient is relying upon the hospital to deliver the desired health care and treatment, the doctrine of respondeat superior applies and the hospital is vicariously liable for damages proximately resulting from the neglect, if any, of such physicians." Sharsmith, 764 P.2d at 672 (quoting Hardy v. Brantley, 471 So. 2d 358, 371 (Miss. 1985)).
Viewing the facts in the light most favorable to Romero, as we are obligated to do under our standard of review, we hold that Romero's complaint pleads sufficient facts to enable her to assert a respondeat superior cause of action and that she could not have known about this cause of action until she received clear evidence of the employment relationship. The district court's order granting the drastic remedy of dismissal is, therefore, reversed.
CONCLUSION
Romero did not discover that Dr. Schulze was an employee of the hospital until November 19, 1996. The two-year notice-of-claim period under the Wyoming Governmental Claims Act, therefore, commenced on that date, and the summary judgment entered because of the failure to timely serve the notice of claim is reversed. Furthermore, because Dr. Schulze is an employee of the hospital, the hospital could poten
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