NC: hospital not liable for individual physician: court dismissed case against hospital.(Hospital Law Decisions of Note)

CASE FACTS: On August 7, 2003, Donna Ray, then forty-three years old, sought medical treatment from Burke Primary Care (Burke) where she had been a patient since 1998, complaining of abdominal pain, nausea, and vomiting. Burke physicians decided to admit Ray to Grace Hospital. After treating Ray for several days, on August 12. 2003, Burke physicians sought a surgical consultation from Dr. B. Keith Forgy. After extensive testing, on August 14, 2003, Dr. Forgy determined that the most likely problem was gallbladder disease and recommended laparascopic cholecystectomy surgery. Burke physicians concurred. With the patient's consent, Dr. Forgy performed the surgery on August 14, 2003. The patient's condition improved and she was released from Grace Hospital on August 16, 2003. Between August 16, 2003, and September 9.2003, the patient sought additional treatment from Dr. Forgy at his private office on three occasions. On August 26, 2003, Dr. Gorgy released the patient from his care and returned her to Burke's care unless she had a had problems related to her cholecystectomy September 8, 2003, the patient again experienced abdominal pain, nausea, and vomiting an her husband 1999 he to Grace Hospital. Burke physicians admitted her on September 10, 2003. On September 12, 2003, Dr. Forgy again was consulted on the patient's condition, Her test results indicated a biliary leak of biloma. Dr. Fogy performed a laparotomy, an examination of the biliary tress, an attempted cholangoraphoy, and a needle biopsy of the liver September 14, 2003. Following the second surgery, the patient's condition deteriorated rapidly. She was transferred to Frye Regional Medical Center (Frye) on September 16, in order to obtain a level of care unavailable at Grace Hospital. On October 30, 2003 the patient was transferred from Frye to the hospital at UNC-Chapel Hill. She died on July 11,2004 of sepsis and candida peritonitis due to laparoscopic cholecoysectomy. Her family filed suit alleging claims of, inter alia, (1) medical malpractice, (2) negligent supervision and related claims, (3) various liability or respondent superior, (4) estoppel by agency, (5) unfair and deceptive trade practices (UDTP) and (6) negligence or intentional misrepresentation. The defendants filed a motion to dismiss, based upon plaintiff's failure to comply with the rules of civil procedure. The court granted the motion. The plaintiff appealed.

COURT'S OPINION: The Court of Appeals of North Carolina, held, inter alia, that the plaintiff failed to introduce any argument which would justify the trial court's reversal of the order it entered denying the defendants' motion to dismiss the claim filed against the defendants. Estate of Ray v. Forgy, 2009-NC-0304.417 (3/3/2009)--NC

Meet the Editor & Publisher: A. David Tammelleo, JD. is a nationally recognized authority on health care law. Practicing law for over 40 years, he concentrates in health care law with the Rhode Island firm of A. David Tammello & Associates. He has presented seminars on medical, nursing and hospital law throughout the United States. In addition to his writings as Editor of Medical Law's, Nursing Law's & Hospital Law's Regan Reports, his legal articles have been published in the most prestigious health law journals. A prolific writer, his thousands of articles, as well as his achievements as an attorney and lecturer, have won him recognition in Martindale-Hubbell's Bar Register of Preeminent Lawyers, Marquis Who Who in American Law, Who's Who in America and Who's Who's in the World.

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