Medical Office Law and Liability
Chapter 1 -
Case Discussion Comments
- Yes. The partners may prevent Dr. Webber from carrying on his practice provided it is in the partnership agreement. A partnership is a voluntary association, and the partnership may control who will be its members. As long as the dismissal did not work an undue penalty or unjust forfeiture on Dr. Webber, his dismissal was legal, and the provision against his practicing medicine in the Village of Sidney was a binding limitation. Gelder Medical Group v. Webber, 363 N.E. 2d 573 (N.Y. 1977).
- The Central Texas Medical Foundation and Brackenridge Hospital should be held vicariously liable for Dr. Villafani’s treatment of the plaintiff. The Foundation and Brackenridge Hospital had control over the details of Dr. Villafani’s work, so the court concluded he was the Foundation’s “borrowed employee” when he treated plaintiff. Consequently, St. Joseph’s could not be vicariously liable under the theory of respondeat superior, in part, because St. Joseph’s had no control over Dr. Villafani’s work at Brackenridge. St. Joseph Hosp. v. Wolff, 94 S.W.3d 513 (Tex., 2002).