Scott v. SSM Healthcare St. Louis
Missouri Court of Appeals, Eastern District
70 S.W.3d 560 (2002)
Relevant factsFree
A contracted radiologist, Dr. Koch, employed by an outside firm (RIC) but working at the Hospital (defendant), misread Matthew Scott's (plaintiff) CT scan as normal, delaying diagnosis of a serious brain infection that caused permanent paralysis; though Koch was formally RIC's employee, the jury found he acted as the Hospital's agent based on 15 points of evidence, and the Hospital appealed.
IssueFree
Whether a physician may be considered an agent of a hospital if the facility expressly or impliedly consents to the physician acting on its behalf and the physician is subject to the control of the hospital.