Jones v. HealthSouth Treasure Valley Hosp. - 147 Idaho 109, 206 P.3d 473 (2009)

Rule:

There is no language in Idaho Code Ann. § 6-1012 limiting the basis from which vicarious liability claims may be made. Idaho Code Ann. § 6-1012 states that a claimant may bring an action against a healthcare provider or any person vicariously liable for the provider's negligence. Although the term "vicarious liability" is not defined under Idaho's Medical Malpractice Act, Idaho Code Ann. §§ 6-1001 to -1013, it is defined generally as liability that a supervisory party bears for the actionable conduct of a subordinate or associate based on the relationship between the two parties. 

Facts:

While the twenty-eight year old patient was undergoing back surgery, blood was collected from her intra-operatively and reinfused into her body using a cell saver machine. In order to speed up the reinfusion process, one of the anesthesiologists placed a pressure cuff around the bag which eventually squeezed the air remaining in the bag into the patient's body. She suffered a fatal air embolism. Her family sued the hospital, claiming that it was vicariously liable for the negligence of the two anesthesiologists and the cell saver technician under the theory of apparent agency. The district court granted the hospital summary judgment. 

Issue:

Can a hospital be found vicariously liable for the negligence of an independently contracted cell saver technician under Idaho's doctrine of apparent agency?

Answer:

Yes.

Conclusion:

The Supreme Court of Idaho held that a hospital could be found liable for the negligence of independent personnel assigned by the hospital to perform support services. The extension of apparent agency to medical malpractice claims was consistent with Idaho's Medical Malpractice Act, Idaho Code Ann. § 6-1001 to -1013.