Hospital Liability for Bare Physicians - Recent OIG Opinions

In the last two years, the dissension between a number of the District Courts of Appeal concerning a hospital’s liability or responsibility for satisfying the judgment of a patient/plaintiff continued to widen.  The split between the courts centered on whether a hospital could be held responsible when members of its medical staff fail to satisfy Florida’s financial responsibility requirements (in these cases, where a “bare” physician fails to pay the minimum $250,000 that is required to be paid if a judgment is handed down against a physician).  The 2^nd, 3^rd, and 5^th DCAs concluded that the hospital in question was liable but the 3^rd DCA later reversed its position under different analysis; the 4^th DCA found that the hospital was not liable.  Last year, the matter was placed in the hands of the Florida Supreme Court and it is expected that a resolution of this matter will be forthcoming

If you are interested in reviewing the full text of any of these opinions, please on the links below:

• 3rd DCA Opinion Filed 12-24-2006: Mercy Hospital v. Baum Gardner, et al
• 3rd DCA Opinion Filed 3-2-2005: North Miami Medical Center v. Josie Miller
• 4th DCA Opinion Filed 2-9-2005: Plantation General Hospital v. Stuart Horowitz