Case Dismissed In Favor of Hospital
Attorney Frederick Sewards obtained a summary judgment in favor of a hospital client based on the hospital’s liability being extinguished by a settlement between the Plaintiffs and the co-Defendant physician. The co-defendant physician was an employee of the hospital and made a determination to resolve the claim through settlement with the Plaintiffs in a delay in diagnosis of prostate cancer case. The only liability of the hospital would be vicarious liability to that of its employee, the defendant physician. Mr. Sewards argued that the hospital’s only liability was as the employer of the defendant physician and, if the defendant physician’s liability was extinguished by settlement, then the hospital’s liability would also be extinguished. The Plaintiffs contested Mr. Sewards’ argument and expected to proceed against the hospital in an effort to obtain further settlement or trial. Mr. Sewards’ successful argument through the motion for summary judgment eliminated any potential liability of the hospital and the case was dismissed.