Amanda Lynn Dewald, et al., v. HCA Health Services of Tennessee, et al.

In this medical malpractice appeal, the trial court denied the hospital’s motion for summary judgment finding that a factual dispute exists as to whether the hospital may be held vicariously liable for the alleged negligence of an independent contractor radiologist based on a theory of apparent agency. The Court of Appeals reversed the trial court and granted summary judgment to the hospital on all grounds. We granted permission to appeal and consolidated this case for argument with Boren v. Weeks, No. M2007-00628-SC-R11-CV, — S.W.3d — (Tenn. May 6, 2008). In Boren, in an opinion filed contemporaneously herewith, we adopted the analysis derived from the Restatement (Second) of Torts § 429 for determining when a hospital may be held vicariously liable for the negligence of independent contractor physicians. Therefore, we reverse the Court of Appeals’ grant of summary judgment and remand to the trial court for further proceedings and for reconsideration of the hospital’s motion for summary judgment consistent with the analysis and new standard adopted in Boren.