David Nelson and Vicki Jobling were successful in obtaining a Final Summary Judgment in favor of a hospital in a case involving allegations that the hospital was liable for the alleged negligence of an emergency room physician.
In that case, the plaintiff alleged that when he came to the ER following a sports-related injury to his foot and ankle, the emergency medicine providers negligently failed to diagnose “compartment syndrome” a painful condition that can lead to irreversible muscle and nerve damage. The plaintiff alleged that, as a result of the failure to diagnose “compartment syndrome,” he suffered permanent muscle and nerve damage in his foot, ankle and leg, leading to pain and an inability to not only perform his job as an insurance claims adjuster, but also the loss of promotion possibilities at his place of employment. In his Complaint, the plaintiff alleged that the hospital could be held liable for the negligence of the emergency medicine providers under “non-delegable duty” and “apparent agency” theories. The Judge disagreed and entered a Final Order of Summary on these claims. A copy of that Order and the Order denying the plaintiff’s Motion for Rehearing are attached to this email.