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Hendley v. Evans

The trial court erred in failing to charge the jury on the doctor's potential vicarious liability for the negligence of hospital personnel under his supervision in the operating room.

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Joan and John Hendley sued Glenn Evans, M. D. and his employer, Valdosta Medical Clinic, P. C. the defendants, for medical malpractice. The Hendleys contend that Joan Hendley suffered a vessel collapse during a medical procedure performed by Dr. Evans. They contend that Joan Hendley sustained brain damage and other physical injuries as a result of acts and omissions of Dr. Evans and of hospital personnel who were working under Dr. Evans’s supervision at the time of the collapse. A jury returned a defense verdict, upon which the trial court entered judgment. The Hendleys appeal.

The Hendleys argue that the trial court erred in failing to give any of several jury charges they requested on the issue of Dr. Evans’s potential vicarious liability for the acts and omissions of hospital personnel. We agree that the trial court was required to charge on this theory of recovery, and accordingly we reverse.

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