Quesada v. Mercy Hospital, Inc.

The appellant commenced a medical malpractice action against his surgeon and the hospital in which the surgery took place. A final summary judgment was granted for the hospital. The sole issue on appeal is whether the pleadings, affidavit, and deposition testimony of the appellant created a genuine issue of material fact regarding the surgeon’s role as an alleged apparent agent of the hospital. Finding no such issue, we affirm.

The hospital established that the surgeon was a private physician with staff privileges at the hospital, had no contract with the hospital, and was not “hospital…