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Dalene Webb and John Webb v. Hillsdale Hospital, et al.
Date: 11-19-2024
Case Number: 2021-00287
Judge: NI
Court: Circuit Court, Hillsdale Circuit Court, Michigan
Plaintiff's Attorney:
Click Here For The Best Hillsdale Lawyer Directory
Defendant's Attorney: Not Available
Description:
Hillsdale, Michigan personal injury lawyer represented the Plaintiff who sued in medical malpractice negligence theories.
This was an action alleging medical negligence, vicarious liability, and loss of consortium, plaintiffs, Darlene and John Webb, appeal as on leave granted,[1] the stipulated order dismissing plaintiffs' claims with prejudice. Plaintiffs challenge the circuit court order granting summary disposition to defendant, Hillsdale Hospital ("the hospital"), under MCR 2.116(C)(10) (no genuine dispute of material fact). On appeal, plaintiffs contend there remained a question of fact as to whether codefendant, Dr. Alfred K. Bediako, M.D., was an ostensible agent of the hospital, rendering the hospital vicariously liable for Dr. Bediako's alleged medical negligence. Because an issue of fact remains regarding whether Dr. Bediako was an ostensible agent of the hospital, we reverse the circuit court's order and remand this case for further proceedings.
A. DR. BEDIAKO'S RELATIONSHIP WITH THE HOSPITAL
Dr. Bediako had staff privileges at the hospital since 1992, and it was the only hospital where he performed procedures. At the time of Darlene's surgery, he was the only gynecologist at the hospital - the hospital's Department of Obstetrics and Gynecology consisted of him and whatever other midlevel providers were available to treat patients, such as nurses. While treating patients both at the hospital and in his clinic, Dr. Bediako wore scrubs that said his name and "OB Department" on them. In the hospital, he also wore a medical badge for identification purposes that said "Hillsdale Hospital" on it. When questioned about the issue of his employment status, Dr. Bediako insisted his patients knew he was in private practice but admitted he never told them he was.
B. DR. BEDIAKO'S TREATMENT OF DARLENE
Darlene first met Dr. Bediako in 2007. An ultrasound done on October 1, 2007 revealed Darlene had a left ovarian mass. After a consult with Dr. Bediako on October 5, 2007 at his clinic, no treatment was recommended, and Dr. Bediako said the mass would go away. Darlene did not return to see Dr. Bediako, or any gynecologist, between 2007 and 2019. In 2019, Darlene began experiencing urine incontinence and pain in the lower left quadrant of her abdomen. She was referred by her primary care physician to a physician's assistant, Betty DeLong, PA, who specializes in urology. Ms. DeLong ordered an ultrasound to be performed at the hospital on September 13, 2019. The ultrasound revealed a left ovarian mass and an adjacent left ovarian cyst. After discussing the results, Dr. DeLong referred Darlene to Dr. Bediako because the mass was around the ovary and needed to be treated by a gynecologist.
Darlene went to see Dr. Bediako at his clinic two more times before surgery was scheduled. On November 22, 2019, Darlene signed a multiple-page consent form for a laparotomy to remove the ovarian mass - it is unclear from the record where the consent form was signed. The top of the consent form had the hospital's logo on it, and was labeled "Informed Consent for Surgery or Other Procedure." The first paragraph of the first page of the consent form stated "Your doctors are not employees or agents of the hospital. They are independent contractors." Paragraph five on the first page also stated "I herby [sic] authorize Hillsdale [Hospital] to provide its appropriate hospital services and care necessary in conjunction with the procedure(s) above described." Darlene does not recall signing any forms, and testified her memory is "very, very bad ...." When asked whether Dr. Bediako's was an employee of the hospital, Darlene testified that she believed he was.
Darlene presented to the hospital on November 27, 2019 for an "exploratory laparotomy with excision of the left ovarian mass," but her condition worsened after surgery because of a perforation of the small intestine. Darlene remained critically ill after a second laparotomy to repair the bowel perforation, and remained on a colostomy bag until July 27, 2020.
Webb v. Hillsdale Hosp., 364728 (Mich. App. Nov 19, 2024)
This was an action alleging medical negligence, vicarious liability, and loss of consortium, plaintiffs, Darlene and John Webb, appeal as on leave granted,[1] the stipulated order dismissing plaintiffs' claims with prejudice. Plaintiffs challenge the circuit court order granting summary disposition to defendant, Hillsdale Hospital ("the hospital"), under MCR 2.116(C)(10) (no genuine dispute of material fact). On appeal, plaintiffs contend there remained a question of fact as to whether codefendant, Dr. Alfred K. Bediako, M.D., was an ostensible agent of the hospital, rendering the hospital vicariously liable for Dr. Bediako's alleged medical negligence. Because an issue of fact remains regarding whether Dr. Bediako was an ostensible agent of the hospital, we reverse the circuit court's order and remand this case for further proceedings.
A. DR. BEDIAKO'S RELATIONSHIP WITH THE HOSPITAL
Dr. Bediako had staff privileges at the hospital since 1992, and it was the only hospital where he performed procedures. At the time of Darlene's surgery, he was the only gynecologist at the hospital - the hospital's Department of Obstetrics and Gynecology consisted of him and whatever other midlevel providers were available to treat patients, such as nurses. While treating patients both at the hospital and in his clinic, Dr. Bediako wore scrubs that said his name and "OB Department" on them. In the hospital, he also wore a medical badge for identification purposes that said "Hillsdale Hospital" on it. When questioned about the issue of his employment status, Dr. Bediako insisted his patients knew he was in private practice but admitted he never told them he was.
B. DR. BEDIAKO'S TREATMENT OF DARLENE
Darlene first met Dr. Bediako in 2007. An ultrasound done on October 1, 2007 revealed Darlene had a left ovarian mass. After a consult with Dr. Bediako on October 5, 2007 at his clinic, no treatment was recommended, and Dr. Bediako said the mass would go away. Darlene did not return to see Dr. Bediako, or any gynecologist, between 2007 and 2019. In 2019, Darlene began experiencing urine incontinence and pain in the lower left quadrant of her abdomen. She was referred by her primary care physician to a physician's assistant, Betty DeLong, PA, who specializes in urology. Ms. DeLong ordered an ultrasound to be performed at the hospital on September 13, 2019. The ultrasound revealed a left ovarian mass and an adjacent left ovarian cyst. After discussing the results, Dr. DeLong referred Darlene to Dr. Bediako because the mass was around the ovary and needed to be treated by a gynecologist.
Darlene went to see Dr. Bediako at his clinic two more times before surgery was scheduled. On November 22, 2019, Darlene signed a multiple-page consent form for a laparotomy to remove the ovarian mass - it is unclear from the record where the consent form was signed. The top of the consent form had the hospital's logo on it, and was labeled "Informed Consent for Surgery or Other Procedure." The first paragraph of the first page of the consent form stated "Your doctors are not employees or agents of the hospital. They are independent contractors." Paragraph five on the first page also stated "I herby [sic] authorize Hillsdale [Hospital] to provide its appropriate hospital services and care necessary in conjunction with the procedure(s) above described." Darlene does not recall signing any forms, and testified her memory is "very, very bad ...." When asked whether Dr. Bediako's was an employee of the hospital, Darlene testified that she believed he was.
Darlene presented to the hospital on November 27, 2019 for an "exploratory laparotomy with excision of the left ovarian mass," but her condition worsened after surgery because of a perforation of the small intestine. Darlene remained critically ill after a second laparotomy to repair the bowel perforation, and remained on a colostomy bag until July 27, 2020.
Webb v. Hillsdale Hosp., 364728 (Mich. App. Nov 19, 2024)
Outcome:
Reversed.
Plaintiff's Experts:
Defendant's Experts:
Comments:
About This Case
What was the outcome of Dalene Webb and John Webb v. Hillsdale Hospital, et al.?
The outcome was: Reversed.
Which court heard Dalene Webb and John Webb v. Hillsdale Hospital, et al.?
This case was heard in Circuit Court, Hillsdale Circuit Court, Michigan, MI. The presiding judge was NI.
Who were the attorneys in Dalene Webb and John Webb v. Hillsdale Hospital, et al.?
Plaintiff's attorney: Click Here For The Best Hillsdale Lawyer Directory. Defendant's attorney: Not Available.
When was Dalene Webb and John Webb v. Hillsdale Hospital, et al. decided?
This case was decided on November 19, 2024.