Florida Supreme Court rules hospital not liable for judgment-proof staff doctor

A hospital in a medical malpractice suit was not liable for an unsatisfied judgment against a doctor who had staff privileges, even though it failed to ensure the doctor complied with a state financial responsibility law, the Florida Supreme Court has ruled.

The plaintiff sued his doctor

He then amended his complaint to include the hospital where the doctor had staff privileges, arguing Florida's statute regarding physicians' financial responsibility requirements imposed a duty on hospitals to ensure that doctors to whom they grant practice privileges comply with the law.

But the Florida Supreme Court disagreed.

"[T]he legislature did not intend to impose civil liability on hospitals for failing to ensure that physicians who are granted staff privileges comply with the financial responsibility requirements of [Florida's statute].

"[The chapter of the statute at issue] primarily regulates the practice of physicians and medical practitioners, not hospitals . . . [and] it is outside this court's purview to imply a statutory cause of action against hospitals where none was intended by the legislature."

Horowitz v. Plantation General Hospital Limited Partnership (Lawyers USA No. 9935903) Florida Supreme Court No. SC05-331. May 24, 2007.

Credit: Lawyers USA Staff