Nature of the Case
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Facts
Thompson (P) was involved in an automobile accident with a school bus. She was transported by ambulance from the accident scene to D's emergency room where she was admitted with head and leg injuries. The hospital's emergency room personnel were advised by P's husband that P was taking the drug Coumadin, that she had a permanent pacemaker, and that she took other heart medications. Dr. Schultz, a general practitioner who enjoyed staff privileges at D, entered the hospital via the emergency room to make his rounds. He was not assigned duty in the emergency room, but an on-duty hospital nurse asked him to attend P due to a prior physician-patient relationship. Dr. Schultz diagnosed her as suffering from multiple injuries including extensive lacerations over her left eye and the back of her scalp, constricted pupils, enlarged heart with a Grade III micro-systolic murmur, a brain concussion, and amnesia. X-rays that were taken revealed fractures of the right tibia and right heel. Dr. Jones, an ophthalmologist, sutured the lacerations and Dr. Schultz consulted with Dr. Rao concerning orthopedic repairs. Dr. Rao advised conservative therapy until her critical medical condition improved. Dr. Schultz knew P was suffering from rheumatic heart and mitral valve disease and was on anticoagulant therapy. He had no specific training in establishing dosages for such therapy. Dr. Schultz called Dr. Meisner, a cardiologist who was treating P with an anticoagulant therapy. Dr. Meisner was unavailable, and Dr. Schultz spoke to Dr. Meisner's associate Dr. Draskoczy. P's condition showed no sign of improvement. Dr. Schultz admitted her to intensive care. The next morning Dr. Paris, a general surgeon on staff, examined P. She was unable to move her left foot and toes. P had a positive Babinski -- a neurological sign of an intracerebral problem. Twelve hours later, Dr. Schultz examined P and found more bleeding in her eye. He also indicated that the problem with her left leg was that it was neurological. The next morning Dr. Paris, a general surgeon on staff, examined P. She was unable to move her left foot and toes. P had a positive Babinski -- a neurological sign of an intracerebral problem. Twelve hours later, Dr. Schultz examined P and found more bleeding in her eye. He also indicated that the problem with her left leg was that it was neurological. On the third day, Dr. Jones examined her and noted 'increased hematuria secondary to anticoagulation. Right eye now involved'. Dr. Schultz again examined her and noted the decreased movement of her left leg was neurologic. Dr. Paris's progress note that date approved the withholding of Coumadin and the continued use of Heparin. On the 4th day, P had complete paralysis of the left side. Dr. Schultz transferred her to the Hershey Medical Center because of her progressive neurological problem. Tests revealed that she had a large intracerebral hematoma in the right frontal-temporal and parietal lobes of the brain. She was subsequently discharged on April 1, 1978, without regaining the motor function of her left side. P sued D in part for the negligence of its doctors. D filed a motion for summary judgment and it was granted dismissing D from the case. P appealed. The Superior Court held (1) genuine issues of material fact existed as to whether Dr. Schultz was an ostensible agent of D; (2) D could be found liable on the theory of corporate liability for adverse effects of treatment or surgery approved by doctors although the doctors were not employees of the hospital and (3) it was appropriate that the lower court decide during the course of the later stages of the litigation whether sufficient evidence may be established by P on their agency theory. D appealed. D claimed the Superior Court erred in adopting a theory of corporate liability.
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