August, 2024

Noel Halpin obtained summary judgment on behalf of a hospital in a case that arose from a lengthy and complex heart bypass surgery. The main targets of Plaintiff’s allegations were the surgeon and the perfusionist. Neither were hospital employees. There were no allegations of negligence against any hospital employees. Plaintiff’s only theory of liability against the hospital was that it was vicariously liable for the alleged negligence of the surgeon and the perfusionist. Halpin proved that the hospital had taken affirmative steps to alert the patient and his family to the independent status of medical practitioners, including the surgeon and the perfusionist. Under Kentucky law, the actions of the hospital, rather than the knowledge of the patient is controlling. The Court found, as a matter of law, that the hospital had put the patient and his family on notice of the independent status of the medical practitioners, and granted the hospital’s Motion for Summary Judgment.

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