—corporation authorized to do business as hospital association, which contractually agreed to provide medical services to high school football players, vicariously liable for negligence of physicians that corporation employed to provide those services

However, the court concluded that the hospital's argument was without merit: The physicians "were, at the time of the events with which [the case] is concerned, regular employees of [the hospital]. They were furnished with office space in the company offices and were paid monthly salaries. They were permitted to have their own patients, but in the offices so furnished …

In Giusti, the court addressed whether a hospital was liable for the medical malpractice of certain physicians "in the employ of the company [.]"

Furthermore, although a hospital may not be able to control the manner and details of a physician's work, "one bound to performance of a duty by contract cannot absolve himself from such obligation by devolution of performance thereof upon a stranger to it [.]"

The hospital asserted that the physicians were "independent contractors and that the company is, therefore, not liable for their negligence [.]"

Specifically, the defendant argued that "a physician, by the very nature of the services he renders, is not subject to the control of those who employ him, and, therefore, that he must be regarded as an independent contractor [.]"

The court elaborated that the rule that "persons and hospitals that treat patients for hire with the expectation and hope of securing therefrom gain and profit are liable for negligence and malpractice on the part of physicians and nurses employed by them [.]"

—hospital association not shielded from liability where hospital employed independent contractor physician to perform its contract with high school

Joinder and Subrogation In some states, plaintiff would be entitled to join in one action the original tortfeasor and the subsequently treating physician charged with malpractice.

[PDF] Unauthorized medical intervention and informed consent in the common law of …