Case: Independent Contractor Negligence?


Citation: Hoffman v. Moore Reg’/ Hosp., Inc., 441 S.E,2d 567 (N.C. Ct. App. 1 994)


Hoffman was admitted to the hospital with an order for a renal arteriogram. After her admission, Hoffman was presented with a consent form for the procedure. The consent listed five radiologists on the form but did not specify which radiologist would perform the procedure. The list of radiologists was composed of members of the Pinehurst radiology group, which determined which radiologist would cover the hospital each day. DL Lina was assigned to perform Hoffman’s procedure. Following the renal arteriogram, Lina determined that an angioplasty was necessary. Because of complications during the procedure, Hoffman had to be transferred to University Medical Center. Her condition deteriorated during the following year and she eventually died, Mr. Hoffman then sought to hold the hospital liable for the negligence of the radiologist under the theory respondent superior. The trial court dismissed the claim that the hospital was liable under the theory of respondent superior.


Was the hospital liable for the malpractice of Lina under the theory of respondeat superior?

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