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SIMMONS v. TUOMEY REGIONAL MEDICAL CENTER

No. 25143.

341 S.C. 32 (2000)

533 S.E.2d 312

Alethia SIMMONS, in her fiduciary capacity as personal representative of the estate of P.J. McBride, deceased, Respondent, v. TUOMEY REGIONAL MEDICAL CENTER, Einar Anderson, M.D., and Sandy T. Cooper, M.D. Defendants, of whom Tuomey Regional Medical Center is Petitioner. John H. Cooper, Respondent, v. Tuomey Regional Medical Center, Coastal Physician Services of the Southeast, Inc., formerly known as Coastal Emergency Services of the Carolinas, Inc., and Luis Muniz, M.D. Defendants, of whom Tuomey Regional Medical Center is Petitioner.

Supreme Court of South Carolina.

Decided June 5, 2000.

Rehearing Denied July 7, 2000.

Attorney(s) appearing for the Case

Harold W. Jacobs of Nexsen Pruet Jacobs & Pollard, LLP, Columbia, for petitioner.

J. Edward Bell, III, and Eugene C. Fulton, Jr., of Bell & Moore, P.A., Sumter, for respondents.

William L. Pope of Pope & Rodgers, Columbia, for amicus curiae, the South Carolina Health Alliance.

WALLER, Justice:

This case presents the novel issue of whether a hospital owes a common law nondelegable duty to render competent service to its emergency room patients, such that it may not avoid liability for the negligent acts of emergency room physicians hired as independent contractors under a contract between the hospital and a separate corporation.

Alethia Simmons, personal representative for the estate of her...

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