Estate of Cordero v. Christ Hospital
New Jersey Superior Court, Appellate Division
958 A.2d 101 (2008)
- Written by Rich Walter, JD
Facts
Dr. Selvia Zaklama (defendant) belonged to Hudson Anesthesia Group (Hudson), which contracted to provide anesthesiology services at Christ Hospital (hospital) (defendant). The hospital’s website listed Zaklama as a member of the hospital’s anesthesiology department and made no mention of Hudson. Zaklama was the anesthesiologist on duty when the hospital admitted Ramona Cordero for surgery. Although Zaklama briefly met Cordero prior to surgery, neither the hospital nor Zaklama herself ever explained Zaklama’s affiliation with Hudson or Hudson’s affiliation with the hospital, and neither the hospital nor Zaklama disclaimed the hospital’s responsibility for Zaklama’s actions. No one gave Cordero a chance to refuse Zaklama’s services or choose another anesthesiologist. Possibly through Zaklama’s negligence, the surgery did not go well, and Cordero subsequently died as a result. Cordero’s estate (plaintiff) sued Zaklama and the hospital for damages. The trial court ruled that Zaklama was an independent contractor for whose negligence the hospital was not vicariously liable and granted summary judgment dismissing the hospital as a party. Cordero’s estate appealed to the New Jersey Superior Court, Appellate Division.
Rule of Law
Issue
Holding and Reasoning (Grall, J.)
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