Justia Medical Malpractice Opinion Summaries

Articles Posted in Business Law
by
Dr. Lozano treated Andrade during her pregnancy and delivered her daughter at Women’s Hospital at Renaissance in Edinburg. The delivery was complicated by the baby’s shoulder dystocia, and Dr. Lozano allegedly engaged in excessive twisting. Andrade sued Lozano, alleging that his negligence caused the child permanent injury, including nerve damage and permanent paralysis of one arm. Andrade later added Renaissance, a limited partnership that owned and operated the Hospital, and RGV, Renaissance’s general partner. Lozano, an independent contractor with admitting privileges at the Hospital, was a limited partner in Renaissance. The Andrades settled with Lozano and nonsuited their claims against Renaissance. RGV moved for summary judgment, arguing that they were not liable for Lozano’s conduct because he was not acting within the scope of the partnership or with partnership authority when providing obstetrical care to Andrade, Tex. Bus. Org. Code 152.303. The trial court denied the motion. The Supreme Court of Texas reversed. The ordinary course of the partnership’s business does not include a doctor’s medical treatment of a patient and that the doctor was not acting with the authority of the partnership in treating the patient; the partnership cannot be liable for the doctor’s medical negligence. View "Doctor Hosp. at Renaissance, Ltd. v. Andrade" on Justia Law

by
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. View "Cunningham v. Herbert J. Thomas Mem'l Hosp." on Justia Law

by
Plaintiff, a former shareholder of infoGroup, Inc., brought its Second Amended Class Action complaint asserting, on behalf of themselves and their fellow former shareholders, that the merger of infoGroup into a subsidiary of CCMP Capital Advisors, pursuant to an agreement entered on March 8, 2010, was the product of breaches by the then-directors of infoGroup of the fiduciary duty of loyalty. The court held that the claim which plaintiff sought to assert was individual in nature and that plaintiff had alleged sufficiently that the merger was not approved by a disinterested and independent majority of the directors. The court also held that, although plaintiff acknowledged that it was not asserting certain claims the dismissal of which had been sought by defendants, for purposes of avoiding confusion, those claims were dismissed. Accordingly, with that limited exception, the court denied defendants' motions to dismiss. View "New Jersey Carpenters Pension Fund v. InfoGroup, Inc., et al." on Justia Law