Sampson v. Baptist Memorial Hospital System

RICKHOFF, Justice.

Appellant, Rhea Sampson (“Sampson”), appeals from a summary judgment granted in favor of appellee, Baptist Memorial Hospital System (“BMHS”), in a medical negligent treatment action. Although BMHS’ evidence included both posted signage and an executed consent to treatment form stating “each physician is an independent contractor,” Sampson contends the summary judgment was erroneously granted because a genuine issue of material fact was raised as to whether Dr. Mark Zakula, the emergency room attending physician (“Zakula”), was an employee or ostensible agent of BMHS. We…