Jefferson v. Missouri Baptist Medical Center
Missouri Court of Appeals
447 S.W.3d 701 (2014)
- Written by Rose VanHofwegen, JD
Facts
Eric Jefferson sued on behalf of his children, Collin and Courtney Jefferson (plaintiffs) alleging their mother Crystal’s cancer would have been treated two years earlier had radiologist Dr. Amy Mosher at Missouri Baptist Medical Center (MBMC) (defendants) not overlooked a suspicious mass. Another radiologist detected the mass along with fluid accumulation in 2005. A second study confirmed the mass and fluid were present. However, when Mosher read a third scan a month later, she reported the fluid had resolved without mentioning the mass was still there. Crystal thought the problem had resolved and did not seek treatment until she noticed pressure in her abdomen in 2008. By then, her cancer had reached stage IV and was inoperable, resulting in her death in 2011. The Jeffersons sued MBMC alleging Mosher was its employee. MBMC moved for summary judgment, claiming Mosher worked for a separate company called Midwest Radiology Associates that contracted with and paid Mosher and was not an MBMC employee. The trial court granted MBMC summary judgment. The Jeffersons appealed.
Rule of Law
Issue
Holding and Reasoning (Van Amburg, J.)
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