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Dias v. Brigham Medical Associates12/23/2002
Bristol.
September 5, 2002
Practice, Civil, Summary judgment. Negligence, Doctor, Medical malpractice. Medical Malpractice, Vicarious liability.
The plaintiffs, Stella and Luis Dias, administrators of the estate of their son, Ethan Dias, claim that defendant Brigham Medical Associates, Inc. (BMA), is vicariously liable under the theory of respondeat superior for the alleged medical malpractice of one of its physician practice group members, Dr. Daniel Schlitzer. Dr. Schlitzer was the on-call obstetrician at St. Luke's Hospital who treated the pregnant Stella Dias (plaintiff), following a motor vehicle accident. A Superior Court judge granted summary judgment for BMA, concluding that to hold BMA vicariously liable for Dr. Schlitzer's negligence, the plaintiffs would have to show that the corporation exercised, or had the right to exercise, direction and control over his treatment decisions. The judge found that BMA did not and could not exercise such control over Dr. Schlitzer. The plaintiffs appealed, and we transferred the case to this court on our own motion.
Because we conclude that traditional respondeat superior liability applies to the employer of a physician, and that to establish such liability it is not necessary that the employer have the right or ability to control the specific treatment decisions of a physician-employee, we vacate the judgment and remand the case for further proceedings consistent with this opinion.
1. Facts. We summarize the facts relevant for disposition of this appeal. On May 19, 1995, the plaintiff, at the time thirty-two weeks pregnant, was involved in a motor vehicle accident that resulted in her emergency treatment at St. Luke's Hospital in New Bedford. After being examined in the emergency room, she was transferred to the labor and delivery department, where she was treated by Dr. Schlitzer. The plaintiffs contend that the care rendered by him was negligent and resulted in the stillbirth of their son.
BMA, a Massachusetts corporation, a so-called "medical practice group," was comprised entirely of physicians specializing in obstetrical medicine. The record is undisputed that Dr. Schlitzer, at the time of the incident, was an employee and officer of BMA. In fact, both Dr. Schlitzer and BMA admitted in their respective interrogatory answers that Dr. Schlitzer was an employee of BMA "during the period in question," and that Dr. Schlitzer was on staff at BMA "all times relevant hereto." The judge found that, " s a member of BMA, [Dr.] Schlitzer had been assigned by BMA to, and was then responsible for 'on-call' coverage at St. Luke's Hospital, and was in fact working a conventional [twenty-four]-hour shift at the ospital." As to this latter point, however, the record contains ambiguities regarding Dr. Schlitzer's on-call coverage obligations on the night in question, as more fully discussed below.
2. Discussion. On a motion for summary judgment, the moving party, here BMA, has the burden to "show that there is no genuine issue as to any material fact and that is entitled to judgment as a matter of law." Mass. R. Civ. P. 56 (c), 365 Mass. 824 (1974). See Augat, Inc. v. Liberty Mut. Ins. Co., 410 Mass. 117, 120 (1991), and cases cited. Additionally, "a party moving for summary judgment in a case in which the opposing party [here the plaintiffs] will have the burden of proof at trial is entitled to summary judgment if demonstrates . . . that the party opposing the motion has no reasonable expectation of proving an essential element of that party's case." Kourouvacilis v. General Motors Corp., 410 Mass. 706, 716 (1991). See Augat, Inc. v. Liberty Mut. Ins. Co., supra ("standard of review of
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