St. Mary's Hospital v. Health Personnel Options Corp.

A patient filed suit against St. Mary’s Hospital (St. Mary’s) for medical malpractice because a sponge was left in her abdomen after surgery. Summary judgment was entered against the hospital; the parties then reached a settlement. St. Mary’s subsequently filed suit against Health Personnel Options Corporation (HPO), alleging breach of contract and implied indemnity because one of HPO’s temporary nurses participated in the surgery from which the underlying suit arose. The trial court once again entered a summary judgment against St. Mary’s, asserting that (1) St. Mary’s failed to demonstrate…