Shatto v. Syringa Surgical Center

Harvey Wainio’s primary care physician referred him to podiatrist Dr. Richard M. Allen, because of a bunion on his right foot. In Wainio's first meeting with Dr. Allen, the doctor recommended surgery. Wainio agreed to have the surgery, and he again met with Dr. Allen at his office for a preoperative visit. Dr. Allen performed the surgery at Syringa Surgical Center, LLC (“the Surgical Center”). Three days later, Wainio began having symptoms that caused him to seek emergency medical treatment. Due to insufficient blood flow to his right foot and an infection, his foot became necrotic, requiring amputation of the foot. The Surgical Center moved for summary judgment which was granted, with the trial court finding that at the time of the alleged negligence, Dr. Allen was not acting in the capacity of an agent of the Surgical Center or as a member of its medical staff. Wainio appealed, arguing dismissing the Surgical Center was made in error. But finding none, the Supreme Court affirmed. View "Shatto v. Syringa Surgical Center" on Justia Law