Jeffrey P. Gale, P.A. // Why Florida Hospitals Often Avoid Responsibility for Emergency Room Mistakes

Most people are surprised to learn that the physicians treating them in a hospital emergency room are often not hospital employees. Instead, they are typically independent contractors.

An independent contractor is a person or entity that provides services under the terms of a contract rather than as a regular employee. These individuals work on an as-needed basis, often through their own companies or franchises, and are generally paid per job or shift—not through payroll like employees. While they may provide critical care inside hospital walls, they technically work for themselves or an outside group.

The Legal Consequence

Because of this classification, hospitals are generally not liable for the negligence of independent contractor physicians. This rule has been upheld in multiple Florida cases, including:

• Newbold-Ferguson v. Amisub (North Ridge Hosp., Inc.), 85 So.3d 502 (Fla. 4th DCA 2012)
• Shands Teaching Hosp. & Clinic, Inc. v. Juliana, 863 So.2d 343, 349 (Fla. 1st DCA 2003)
• Pub. Health Trust of Dade Cty. v. Valcin, 507 So.2d 596, 601 (Fla.1987)

Why It Matters

This legal distinction can have serious consequences for patients and their families. Many independent ER doctors either do not carry malpractice insurance or have policy limits far too low to cover serious or catastrophic injuries caused by medical errors. When this happens, victims must look elsewhere for compensation—and the hospital is the most obvious alternative.

Fortunately, Florida law recognizes several exceptions to the general rule of non-liability. These exceptions can hold a hospital accountable under the right circumstances.

Key Exceptions: When Hospitals May Be Liable

1. Apparent or Actual Agency
   If the physician is presented as an agent of the hospital—such that a reasonable patient would assume they are a hospital employee—the hospital may be liable.
   See Roessler v. Novak, 858 So.2d 1158, 1161–62 (Fla. 2d DCA 2003).
2. Negligent Hiring or Retention
   Hospitals have a duty to properly vet the medical professionals they allow on staff. If they fail to exercise due care in selecting or keeping a physician with known issues, they can be held responsible.
   See Insinga v. LaBella, 543 So.2d 209, 214 (Fla.1989).
3. Non-Delegable Duty
   In some cases, a hospital cannot escape liability by contracting out certain responsibilities. This may be the case when a duty is imposed by statute, regulation, contract, or common law, especially in ER settings.
   See Pope v. Winter Park Healthcare Group, Ltd., 939 So.2d 185, 187–88 (Fla. 5th DCA 2006).

Bottom Line

Hospitals have many valid business reasons for contracting with independent physicians—cost efficiency, staffing flexibility, and reducing administrative overhead among them. But shielding themselves from liability for medical negligence should not be one of them.

When independent doctors make serious mistakes, the legal classification of “independent contractor” should not become a barrier to justice for injured patients.

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Contact us at 305-758-4900 or by email (jgale@jeffgalelaw.com & kgale@jeffgalelaw.com) for a free, confidential consultation to learn your legal rights.

Jeffrey P. Gale, P.A. is a South Florida based law firm committed to the judicial system and to representing and obtaining justice for individuals – the poor, the injured, the forgotten, the voiceless, the defenseless and the damned, and to protecting the rights of such people from corporate and government oppression. We do not represent government, corporations or large business interests.

While prompt resolution of your legal matter is our goal, our approach is fundamentally different. Our clients are “people” and not “cases” or “files.” We take the time to build a relationship with our clients, realizing that only through meaningful interaction can we best serve their needs. In this manner, we have been able to best help those requiring legal representation.