Tabraue v. Doctors Hospital, Inc.
The Third DCA affirmed dismissal of an estate's claims against a hospital for the alleged negligence of independent-contractor emergency room and ICU physicians, holding that the hospital owed no non-delegable duty arising from chapter 395, common law, express contract, or an implied contract with the emergency room patient. The court aligned with the Second District's Tarpon Springs decision and certified conflict with the Fourth District's Wax, Irving, and Newbold-Ferguson decisions.
Key facts
- Estate of patient sued Doctors Hospital for negligence of independent-contractor emergency room and ICU physicians who treated the patient.
- Trial court dismissed the estate's claims against the hospital; estate appealed.
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Why it matters
This is a square district split on whether hospitals can be held liable for independent-contractor emergency room physicians — the Third DCA certified conflict with the Fourth DCA's Wax, Irving, and Newbold-Ferguson… — full analysis with a trial
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