Legal Opinion

Noel v. Lawrence & Memorial Hospital

Connecticut Superior Court

Decided September 11, 2014No. File Nos. CV-10-6002479, CV-10-6004555PublishedCited by 1 opinion

1Opinion of the CourtMoukawsher, J.

1

Summary: hospitals have nondelegable duties to emergency room patients

Some people accept legally enforceable duties by contract and some have them thrust upon them by legislatures or courts. In 2009, in Machado v. Hartford, *270the Connecticut Supreme Court observed that some of these duties are so important that liability for discharging them cannot be contracted out—such duties are “nondelegable” duties.1

In deciding whether a hospital is vicariously hable for “independent contractor” doctors in its emergency room, all questions concerning agency would be decided as a matter of law if hospitals…

2Cases cited17 opinions

  1. Baptist Memorial Hospital System v. SampsonTexas Supreme Court · 1998
  2. Gazo v. City of StamfordSupreme Court of Connecticut · 2001
  3. Spring v. ConstantinoSupreme Court of Connecticut · 1975
  4. Alaska Airlines, Inc. v. SweatAlaska Supreme Court · 1977
  5. Pion v. Southern New England Telephone Co.Connecticut Appellate Court · 1997

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3Cited by1 opinion

  1. Gagliano v. Advanced Specialty Care, P.C.Supreme Court of Connecticut · 2018

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