AGUSTIN GARCIA, M. D., AND ABBEY HOSPITAL, APPELLANTS,
v.
ADELINA TARRIO AND RIGOBERTO TARRIO, APPELLEES
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In a medical malpractice case, the appellate court affirmed a jury verdict holding Dr. Garcia and Abbey Hospital jointly liable, rejecting the Hospital's argument that it was entitled to a directed verdict and finding sufficient evidence that Dr. Garcia was the Hospital's agent rather than an independent contractor. The court also held that cost-related issues were inadequately preserved for appeal.
The court held that sufficient evidence existed to support the jury's finding that Dr. Garcia was the Hospital's agent rather than an independent contractor, making a jury question appropriate rather than warranting a directed verdict. The court also held that the cost issues were not adequately preserved for appeal because defendants failed to file written objections to specific cost items.
[1] Evidence that a physician had an agreement with a hospital guaranteeing a significant portion of its work, was supplied with necessary equipment by the hospital, and did…
[2] A party seeking to appeal the taxation of costs must preserve the issue by filing written objections to specific cost items in the trial court and stating the grounds for…
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Join FLexlaw to unlock all legal intelligence“We hold that these facts were, at the least, sufficient to present a jury question upon the issue of whether Dr. Garcia was the agent of the Hospital or an independent contractor.”
Establishes the appellate standard that the evidence regarding Dr. Garcia's exclusive work arrangement, equipment provision, and lack of outside anesthesiologists was sufficient to support a jury determination of agency status.
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Join FLexlaw to unlock all legal intelligenceDr. Garcia had an exclusive agreement with Abbey Hospital guaranteeing him at least 50% of the work at the Hospital and worked nowhere else. The Hospi…
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PER CURIAM.
These consolidated appeals are from a final judgment entered upon a jury verdict in a medical malpractice case and from the cost judgment thereafter entered. The appeal of defendant Abbey Hospital is from both judgments; the appeal of defendant Dr. Garcia is from the cost judgment.
The appellant Hospital urges reversal of the final judgment upon its contention that it was entitled to a directed verdict because the evidence did not establish that appellant Dr. Garcia was the Hospital’s agent and that the negligence proved was that-of Dr. Garcia alone.
We find sufficient evidence in the record to support a finding by the jury that Dr. Garcia was in fact the agent of the Hospital. It is not necessary to recite all of the evidence on the issue in order to show the basis of our decision.
The record does show that Dr. Garcia was not retained by the patient or the patient’s surgeon. Rather, Dr. Garcia had an agreement with the Hospital guaranteeing him at least 50% of the work at the Hospital; he did not work anywhere else. The Hospital supplied him with the equipment necessary for his work. The administrator of the Hospital, during his seven years tenure, did not recall any patient using an outside anesthesiologist.
We hold that these facts were, at the least, sufficient to present a jury question upon the issue of whether Dr. Garcia was the agent of the Hospital or an independent contractor. See Kober v. Stewart, 148 Mont. 117, 417 P. 2d 476, 479 (1966), and Knox v. Ingalls Shipbuilding Corporation, 158 F. 2d 973, 975-976 (5th Cir. 1947). See also the proposition of law in 69 A.L.R.2d 305, 316 (1960); Mehlman v. Powell, 281 Md. 269, 378 A. 2d 1121 (1977), and Mduba v. Benedictine Hospital, 52 A.D.2d 450, 384 N.Y.S.2d 527 (1976).
The issues relative to the taxation of costs are not adequately preserved for appeal. The entire record upon the taxation of costs consists of: (1) the Plaintiff’s Motion to Tax Costs, which carefully itemized the costs claimed; and (2) the corrected Order Taxing Costs. The defendants did not file a written objection to any item of costs claimed by the plaintiffs, nor did they show in writing the grounds for their objection to the allowance of any item of costs. The hearing on the taxation of costs was not reported, and no attempt was made to reconstruct a record of the hearing. Under these circumstances, this court is asked to review, from the beginning, the propriety of various items of cost allowed. This we are unable to do because we do not know the objections made in the trial court, nor do we know the grounds for the objections advanced. See Pittman v. Pittman, 219 So. 2d 730 (Fla. 2d DCA 1969), and Worcester Mutual Fire Insurance Company v. Eisenberg, 147 So. 2d 575 (Fla. 3d DCA 1962).
Affirmed.
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Pub. Health Tr. OF Dade Cnty. v. Gregoria Valcin, 507 So. 2d 596 (Fla. 1987)…cause the relationship between hospital and doctor is often unclear and raises a question for the jury, though, Irving v. Doctors Hospital of Lake Worth, Inc., 415 So. 2d 55 (Fla. 4th DCA), review denied, 422 So. 2d 842 (Fla.1982); Garcia v. Tarrio, 380 So. 2d 1068 (Fla. 3d DCA 1980), every hospital would do well to ensure that a patient’s medical records contain a sufficient operative note. We note, too, that in practice no such unfairly imposed “direct liability” will be ordinarily found; if the doctor is f…
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Webb v. Priest, 413 So. 2d 43 (Fla. 3d DCA 1982)…at the trial court erred in directing a verdict in favor of Parkway General Hospital because there was evidence suggesting that the alleged negligent doctors Priest and Fernandez were apparent agents of Parkway Hospital. See, e.g., Garcia v. Tarrio, 380 So. 2d 1068 (Fla. 3d DCA 1980).2 The fact that defendant doctors were employed by the South Florida Emergency Physician, Inc. and not directly by the hospital does not preclude a finding of apparent agency.” See, e.g., Stuyvesant Corp. v. Stahl, 62 So. 2d 18 (F…
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Price v. JFK Med. Ctr., Inc., 595 So. 2d 202 (Fla. 4th DCA 1992)…ed in favor of JFK Medical Center because the relationship between hospital and doctor, as here, is often unclear and raises a question for the jury. Public Health Trust of Dade County v. Valcin, 507 So. 2d 596 (Fla.1987); see also Garcia v. Tarrio, 380 So. 2d 1068 (Fla. 3d DCA 1980). REVERSED AND REMANDED for further proceedings consistent herewith. HERSEY, GUNTHER and FARMER, JJ., concur.…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Worcester Mut. Fire Ins. Co. & Sec. Mut. Liab. Ins. Co. v. Eisenberg, 147 So. 2d 575 (Fla. 3d DCA 1962)
- Knox v. Ingalls Shipbuilding Corp., 158 F.2d 973 (5th Cir. 1947)
- Pittman v. Huguette L. Pittman, 219 So. 2d 730 (Fla. 2d DCA 1969)