Ramirez v. Long Beach Mem. Med. Center
This appeal challenges a summary judgment in a wrongful death action based on alleged medical malpractice in treating a gunshot victim at Long Beach Memorial Medical Center (“the hospitalâ€). The trial court found the hospital immunized itself against respondeat superior liability for any malpractice by the treating physicians by having the patient’s mother sign a printed admission form which included an express acknowledgement that the medical providers were independent contractors and not employees or agents of the hospital. The trial court found no triable issue of fact as to an emergency room nurse because a declaration submitted in opposition to the hospital’s on the standard of care was ruled inadmissible.
The trial court granted the hospital’s motion for summary judgment and entered judgment accordingly. Though the trial court properly found no triable issue of fact as to the emergency room nurse, we find there are unresolved factual issues in determining whether the admission form was binding so that it terminates the hospital’s liability. For that reason, we reverse the grant of summary judgment.
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