Burless v. West Virginia University of Hospitals, Inc.
Supreme Court of Appeals of West Virginia
601 S.E.2d 85 (W. Va. 2004)
Jaclyn Burless and Melony Pritt (plaintiffs) each received treatment at West Virginia University Hospital (WVUH, defendant) and signed consent forms disclaiming that the treating physicians were hospital employees, but both suffered severe harm allegedly from physician negligence — Burless's daughter suffered permanent injuries from inadequately monitored labor, and Pritt's untreated post-surgical infection caused premature labor and her son's permanent injuries. Both women sued WVUH on an apparent-agency theory, arguing the hospital should be vicariously liable for the treating physicians' negligence despite their independent-contractor status; the trial courts granted WVUH summary judgment based on the disclaimers, and both plaintiffs appealed, with their cases consolidated.
Whether a hospital may be held vicariously liable for an independent-contractor physician's negligence under an apparent-agency theory when the hospital's own consent form disclaimed that the physician was its employee.