NH: stroke victim alleged vicarious liability: courtrefused to invoke 'respondeat superior'.

CASE FACTS: On March 15, 2000, Helen Folloni arrived at Exeter Hospital exhibiting speech difficulty, confusion, and other mental-related symptoms. During her admission process, her husband, Lawrence Folloni, signed a form entitled "Consent for Diagnostic Services, Treatment and Release of Information"

on behalf of his wife. The form stated, in pertinent part: "I understand that the Licensed Independent Practitioners (i.e. physicians) on the hospital's Medical Staff are not employees or agents of the hospital, but independent contractors, who have been granted the privilege to use certain of its facilities for the care and treatment of their patients." Multiple physicians attended to Helen Folloni, and the final diagnosis was that she had suffered a transitory ischemic attack (TIA), rather than a stroke. A blood thinner was prescribed for her, and she was discharged from the hospital on March 16, 2000. On March 24, Helen Folloni returned to Exeter Hospital with symptoms which included weakness, dizziness, slurred speech, and confusion. During her admission process, her son, Robert Folloni, signed on her behalf the same consent form previously signed by her husband. Physicians at the hospital diagnosed her as having a stroke and conducted tests. Under the care of multiple physicians at the hospital, her condition deteriorated until she was transferred to Massachusetts General Hospital (MGH), where she was diagnosed with a brain hemorrhage and underwent surgery. She survived the surgery, but with significant brain damage. In March of 2003, Helen and Lawrence Folloni filed suit for medical malpractice against Exeter Hospital, Exeter Family Medical Associates, and three doctors who treated the ahelen Folloni during her two visits to the hospital. While litigation was pending, both Follonis died. Deborah Dent, as the administratrix of their estates, was substituted as the plaintiff in the case. The trial court granted the defendants' motion for summary judgment. Dent appealed.

COURT'S OPINION: The Supreme Court of New Hampshire affirmed the judgrnent of the trial court granting summary judgment for the defendants. The court held, inter alia, that the trial court had not erred in refusing the plaintiff's motion to amend the complaint. The court noted that the trial court had closed discovery prior to the plaintiff's motion to amend the complaint. The court observed that despite the plaintiff's contention that discovery had not been closed, the plaintiff cited no evidence to support that assertion. Given a trial court's broad discretion in the management and supervision of discovery, the court could find no error or other justification to reverse the trial court. Dent v. Folloni, 2007 NH 2008-151 (08/09/07) N.E.2d--NH

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