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Dyke v. Saint Francis Hospital9/22/1993
g facts, transpiring during the pendency of an appeal, which adversely affect the reviewing court's cognizance or its capacity to administer effective relief. This case does not fall within the narrow exception. Our cognizance of this case is unaffected by Dyke's mid-appeal proceedings for the compensation award. The hospital's attachment of the compensation award to its answer brief is but an ineffective attempt to supplement the record on appeal.
E.
The Liability of Defendant-Physicians
Since this cause must be remanded for re-consideration of the hospital's dismissal motion based on its claim to immunity, we need not further comment on the liability of the doctors except to observe that in German v. Chemray, Inc. the earlier doctrine, which made the employer vicariously liable for medical malpractice of physicians who treated the employee's on-the-job injury , is now abolished. A physician can no longer be absolved of professional tort liability solely on the grounds of the employer's compensation-law immunity.
SUMMARY
In sum, this record, when confined to its rightful legal contents, does not show, and we cannot hold, that (a) Dyke sustained any on-the-job injury ; (b) the harm she allegedly suffered from medical treatment administered for her exposure to hepatitis was remediable solely in the Workers' Compensation Court; and (c) Dyke secured a compensation award that would bar her present action or any other ex delicto recovery by affording the hospital or the defendant-physicians a shield from tort liability based either on the ยงยง 12 and 122 immunity or on the teachings of Pryse Monument.
It is for these reasons that the dismissal order must be reversed and the cause remanded for reconsideration of Dyke's claim against the hospital and the defendant-physicians.
CERTIORARI PREVIOUSLY GRANTED; THE OPINION OF THE COURT OF APPEALS IS VACATED, THE TRIAL COURT'S DISMISSAL ORDER IS REVERSED AND THE CAUSE REMANDED FOR RECONSIDERATION OF THE CLAIMS AGAINST THE HOSPITAL AND DOCTORS IN A MANNER CONSISTENT WITH THIS PRONOUNCEMENT.
LAVENDER, V.C.J., and HARGRAVE, ALMA WILSON and SUMMERS, JJ., concur.
HODGES, C.J., and KAUGER and WATT, JJ., concur in result.
SIMMS, J., concurs in judgment.
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