Claims of Vicarious Liability and Corporate Negligence Against Hospital Dismissed

Craig L. McIvor, David M. Norman and Melinda R. Drogseth obtained summary judgment of dismissal in the matter of Dudley v. Hospital. Plaintiff had a resection of her pituitary gland performed in 1998 after an MRI showed a potential tumor. She developed complications, and claimed that she discovered in 2011 that no tumor was present. Plaintiff alleged that the hospital was vicariously liable for the negligence of the surgeons and for their failure to secure informed consent for the surgery. She also alleged that the hospital was independently negligent for granting privileges to the surgeon and for failing to prevent him from performing the surgery. Craig and David filed a motion for summary judgment of dismissal as to all claims, and the court granted the motion, dismissing all of plaintiff’s claims with prejudice.

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