Fletcher v. South Peninsula Hospital

OPINION

FABE, Chief Justice.

I. INTRODUCTION

John and Susan Fletcher appeal to this court on three theories under which they argue South Peninsula Hospital should be held liable for the alleged negligence of an independent contractor surgeon who has staff privileges at the hospital. First, the Fletchers assert that the trial court erred in refusing to extend to the operating room the “non-delegable duty” vicarious liability that we applied to hospitals in Jackson v. Power 1 with respect to emergency room negligence. Second, the Fletchers argue that the trial court erred in granting South…