The Washington Supreme Court revived a negligence claim against a hospital Thursday, unanimously holding that a hospital cannot escape liability for the negligent provision of emergency services by delegating that duty to its nonemployee doctors.
The estate of Cindy Essex sought to hold Samaritan Hospital responsible for her doctors’ alleged negligence under theories of nondelegable duty, inherent function and agency law principles of delegation. Essex died less than 24 hours after visiting Samaritan’s emergency room after doctors allegedly failed to diagnose her necrotizing fasciitis. The doctors who responded to her in the hospital’s emergency room, however, were both independent contractors who the hospital did not employ, the hospital argued.
