Baptist Memorial Hospital System v. Sampson

Rhea Brown went to Baptist Memorial Hospital System's (defendant) emergency room with a spider bite that two independent-contractor doctors misdiagnosed, sending her home twice before another hospital correctly diagnosed septic shock. Brown sued the doctors and claimed the hospital was vicariously liable as their employer. The hospital moved for summary judgment, showing the doctors were independent contractors: Brown had signed consent forms disclosing that fact, and signs to that effect were posted in the ER, though Brown said she never read the forms, never chose her doctors, and believed they worked for the hospital. The trial court granted summary judgment for the hospital; the court of appeals reversed, finding hospitals have a nondelegable duty for ER malpractice.