Cunningham v. Herbert J. Thomas Mem'l Hosp. (Per Curiam Opinion)Annotate this Case
Plaintiffs filed a medical malpractice action against a hospital, several doctors, and others. Two of the doctors were employed by a corporate entity and treated patients exclusively at the hospital in accordance with a contractual relationship between the hospital and the entity. The third doctor provided surgical services at the hospital in accordance with a contract he executed with a corporation that contracted with hospital to provide a "surgicalist" program, an arrangement that provided the hospital with surgeons. Plaintiffs sought to hold the hospital vicariously liable for the alleged negligence of the doctors on the theory that the doctors were employees or actual agents of the hospital, or that the doctors and corporate defendants were engaged in a joint venture with the hospital. The circuit court granted summary judgment in favor of the hospital, holding (1) the doctors were not actual agents or employees of the hospital at the time of the alleged negligence, and (2) there was no joint venture. The Supreme Court affirmed, holding that the circuit court did not err in its judgment.