Roessler v. Novak

Roessler (plaintiff) was admitted to Sarasota Memorial Hospital, where his scans were read by Dr. Lichtenstein of SMH Radiology Associates, an independent-contractor group that provided all of the hospital's radiological services and maintained offices only inside the hospital. After surgery led to severe complications, Roessler sued the hospital, alleging Dr. Lichtenstein negligently misread his scans and acted as the hospital's agent. The trial court granted the hospital summary judgment, finding Dr. Lichtenstein was simply an independent contractor with no employment or agency relationship to the hospital.