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Date: 04-06-2022
Case Style:
Case Number: 21S-CT-270
Judge: David
Court: Indiana Supreme Court on appeal from the Superior Court (Allen County)
Plaintiff's Attorney: Mary Findling
Defendant's Attorney: Carl A. Dillion
Description: Fort Wayne, Indiana personal injury lawyer represented Plaintiff, who sued Defendants on medical malpractice theories.
In Sword v. NKC Hospitals, Inc., our Court adopted the Restatement
(Second) of Torts section 429 and held that a hospital may be held
vicariously liable for the tortious conduct of an independent contractor
through apparent or ostensible agency. 714 N.E.2d 142, 152–53 (Ind. 1999).
Today, we consider Sword and Section 429’s reasoning and application to
a non-hospital diagnostic medical imaging center.
We hold that Sword and Section 429’s apparent agency principles apply
to non-hospital medical entities that provide patients with health care.
Therefore, because plaintiff Harold Arrendale has shown there are
genuine issues of material fact whether the radiologist who read and
interpreted his MRIs was an apparent agent for the defendant Marion
Open MRI, we reverse summary judgment in Marion Open MRI’s favor
and remand for further proceedings consistent with this opinion.
Outcome: As a matter of first impression, we hold that a non-hospital medical
entity, including a diagnostic imaging center like Marion Open MRI, may
be held liable for the negligent acts of its apparent agents, and expressly
apply Sword’s apparent agency rules to such entities. We therefore reverse
summary judgment in Marion Open MRI’s favor and remand for further
proceedings consistent with this opinion.
Plaintiff's Experts:
Defendant's Experts:
Comments: