Articles Tagged with apparent agency hospital liability non-delegable duty Florida law

Most people are surprised to learn that the physicians treating them in a hospital emergency room are often not hospital employees. Instead, they are typically independent contractors.

An independent contractor is a person or entity that provides services under the terms of a contract rather than as a regular employee. These individuals work on an as-needed basis, often through their own companies or franchises, and are generally paid per job or shift—not through payroll like employees. While they may provide critical care inside hospital walls, they technically work for themselves or an outside group.

The Legal Consequence

Because of this classification, hospitals are generally not liable for the negligence of independent contractor physicians. This rule has been upheld in multiple Florida cases, including:

• Newbold-Ferguson v. Amisub (North Ridge Hosp., Inc.), 85 So.3d 502 (Fla. 4th DCA 2012)

• Shands Teaching Hosp. & Clinic, Inc. v. Juliana, 863 So.2d 343, 349 (Fla. 1st DCA 2003)

• Pub. Health Trust of Dade Cty. v. Valcin, 507 So.2d 596, 601 (Fla.1987)

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