Opinion
358342
10-13-2021
Ricky W McLeod v. Fuad Turfah MD
LC No. 19-009474-NH
Michael J. Riordan Presiding Judge Christopher M. Murray Cynthia Diane Stephens JudgesORDER
The motion for immediate consideration is GRANTED.
Pursuant to MCR 7.205(E)(2), in lieu of granting the application for leave to appeal, the trial court's August 10, 2021 order is REVERSED, and the matter is REMANDED for entry of an order granting appellant Oakwood Healthcare, Inc.'s motion for summary disposition. Hospitals are generally not liable for the negligence of a physician "who is an independent contractor and merely uses the hospital's facilities to render treatment to his patients." Grewe v Mt Clemens Gen Hosp, 404 Mich. 240, 250; 273 N.W.2d 429 (1978). The evidentiary record shows that plaintiff had an independent relationship with Dr. Fuad Turfah before surgery was performed at appellant's hospital. "[A]n independent relationship between a doctor and a patient that preceded a patient's admission to a hospital precludes a finding of ostensible agency, unless the acts or omissions of the hospital override the impressions created by the preexisting relationship and create a reasonable belief that the doctor is an agent of the hospital." Zdrojewski v Murphy, 254 Mich.App. 50, 66; 657 N.W.2d 721 (2002). That the hospital served as the site of the surgery is not sufficient to establish an ostensible agency. VanStelle v Macaskill, 255 Mich.App. 1, 11-13; 662 N.W.2d 41 (2003). The remaining evidence cited by plaintiff is likewise insufficient to demonstrate that appellant, "as the putative principal[ did] . . . something that would create in the patient's mind the reasonable belief that the doctor[] [was] acting on behalf of the defendant hospital." Id. at 10. Overall, the evidence shows that plaintiff viewed appellant's hospital merely as the situs where treatment would be rendered. Appellant is thus entitled to summary disposition. Grewe, 404 Mich. at 250-251.
This order is to have immediate effect. MCR 7.215(F)(2). We do not retain jurisdiction.