Ramirez v. Long Beach Memorial Medical Center

2013 WL 1144257 (2013)

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Nature of the Case

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Facts

P was shot in the left thigh and lower leg. Paramedics transported P to the hospital. P had suffered a large amount of blood loss, and was in extreme pain. Atul Gupta, M.D., the primary emergency room doctor, and Frederick Stafford, M.D., a trauma surgeon, initially examined P. Dr. Stafford then went into surgery with another gunshot victim. P remained in Dr. Gupta's care in the emergency room. Based on a lack of pulse in Ramirez's lower leg and severe bleeding, Dr. Gupta ordered an on-call vascular surgeon to be summoned to the hospital. P's mother was presented with a three-page, printed form entitled 'CONDITIONS OF ADMISSION.' The Conditions of Admission form included a consent to medical and surgical procedures during hospitalization. Paragraph 4 of form stated, 'LEGAL RELATIONSHIP BETWEEN HOSPITAL AND PHYSICIAN.' The Form also states that D’s emergency-room physicians and surgeons were independent contractors and not employees or agents of D. The on-call surgeon was delayed three hours, and P died on the operating table. Ps filed a wrongful-death action against D and others alleging the death was due to the delay. D motioned for summary judgment based on the form. D's motion argued there was no liability on its part because the nursing and non-physician medical providers complied with the standard of care at all times. As to the physicians, D argued Ps had reason to know the physicians were not agents because the undisputed evidence established the existence of an admission form with an acknowledgment that the physicians were independent contractors and not employees or agents of the hospital. The court dismissed D. Ps appealed. Ps contend the trial court erred in granting summary judgment in favor of D based upon the lack of ostensible agency of the treating physicians.