Carranza v. Premier Anesthesia Medical Group CA5
Elizabeth Carranza, the plaintiff in this medical malpractice action, sought to hold an anesthesiology practice group vicariously liable for the alleged negligence of an anesthesiologist hired by the group. The anesthesiologist had provided anesthesia care to Carranza during a prior surgical procedure, in the course of which Carranza suffered cardiac arrest. The question in the proceeding below was whether the anesthesiologist was an employee of the anesthesiology practice group, whereby vicarious liability would attach, or an independent contractor, whereby vicarious liability would be precluded. After the issue was tried in a bifurcated bench trial, the trial court ruled the anesthesiologist was an independent contractor. The court’s ruling resulted in judgment for the anesthesiology practice group. Carranza appealed. We affirm.
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