The Nevada Supreme Court has ruled that hospitals are not strictly liable for malpractice committed in emergency rooms by independent contracting physicians.
In a 4-3 decision, the high court overturned Washoe County District Judge Janet Berry, who ruled hospitals have a duty to provide competent medical care in such cases.
The case involved Christopher Wall, who was brought to the emergency room four times and was treated by four doctors. As a result of his illness, he suffered brain damage.
His mother, Betty Vanderford, sued Renown Health, and an undisclosed settlement was reached. But the Reno hospital continued the suit to determine if it was strictly liable for the actions of independent contracting doctors.
In the majority decision, Chief Justice Ron Parraguirre wrote hospitals are not liable for the acts of such physicians.
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