Posted in on October 16, 2019
Congratulations to Thomas Rhatigan for obtaining dismissal of a medical malpractice action, venued in Kings County, on behalf of a medical professional company that staffed Emergency Room physicians to hospital. Plaintiff alleged that the medical professional company should be held liable for the actions of individual Emergency Room doctors. The Court agreed with our argument that the medical professional company solely recruited and staffed the hospital with the doctors, and that the doctors were independent contractors and not employees of the medical company. Moreover, the Court agreed that the medical professional company could not be held vicariously liable for the acts of the doctors during the time of the treatment rendered to the plaintiff.