Roessler v. Novak

858 So.2d 1158 (2003)

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Nature of the Case

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Facts

P was examined by a physician who took chest and abdominal x-rays. P was diagnosed as suffering from a perforated viscus and pneumonia. A perforated viscus requires immediate surgical intervention. Arrangements were made to go to Sarasota Memorial's emergency room to be seen by a surgeon for evaluation of the perforated viscus and surgery. P was admitted to the hospital. Scans of his abdomen were taken in Sarasota Memorial's radiology department while he was an inpatient. Dr. Richard J. Lichtenstein, a board-certified radiologist, analyzed and interpreted those scans because he was the radiologist on duty at Sarasota Memorial at the time the scans were brought to be interpreted. Dr. Lichtenstein was not acquainted with P at that time. An operation was performed on his perforated viscus. P developed serious complications which required approximately a two and one-half month admission in Sarasota Memorial. P developed renal failure, a heart condition, systemic sepsis, and multiple brain abscesses which had to be surgically removed. P sued Ds for medical malpractice for vicarious liability as well as for negligent destruction of evidence. P alleged that Dr. Lichtenstein misinterpreted the scans taken in Sarasota Memorial's radiology department and was negligent in failing to include an abdominal abscess in his differential diagnosis. P alleged that Dr. Lichtenstein did so while an agent of Sarasota Memorial. Sarasota Memorial asserted that Dr. Lichtenstein was an independent contractor and was not an agent, servant, or employee. Sarasota Memorial filed a motion for summary judgment. The trial court granted Sarasota Memorial's motion for summary judgment and entered a final judgment thereon. This appeal was taken.