Sword v. NKC Hospitals, Inc

Norton Children’s Hospital (Norton) (defendant) heavily advertised its birth center. Norton emphasized its specialized facilities and 24-hour access to an experienced anesthesiologist. Diana Sword (plaintiff) chose Norton as the site to deliver her first child. During delivery, an anesthesiologist came into her room and explained the epidural process. Before the doctor had a chance to administer the epidural, the doctor was called away. A few minutes later, a different doctor entered Sword’s delivery room. The second doctor was an independent contractor, but that was not made clear or indicated to Sword. The second doctor asked Sword whether the epidural process had been explained to her. After Sword confirmed that the process had been explained, the second doctor began to administer the epidural tubing. The second doctor first inserted the tube into Sword’s neck, but the tubing did not take, so the doctor then inserted the tube into Sword’s lower back. Shortly after the birth, Sword began experiencing regular headaches as well as numbness in her back where the second tube had been inserted. Sword brought suit against Norton, claiming that the headaches and numbness were a result of the second doctor’s negligent placement of the tubing. The trial court granted summary judgment in favor of Norton based on the assertion that there no genuine issue of material fact as to whether the second doctor was an apparent agent of Norton. Sword appealed.