Western Insurance Co. v. Brochner

KELLY, Judge.

This case arose out of a medical malpractice claim brought by a patient, one Cortez, against defendant, Dr. Brochner, for performing an unnecessary craniotomy in 1968, and against plaintiff Community Hospital Association, for negligently supervising Brochner’s diagnosis despite being aware of his propensity for performing unnecessary craniotomies. Both the hospital and Brochner made separate out-of-court settlements with Cortez in return for covenants not to sue. Plaintiff Western Insurance Company, as the hospital’s insurer, became subrogated to the hospital’s rights and joined…