Humana Medical Corp. of Alabama v. Traffanstedt

• Decision Date: 06 March 1992
• Citation: 597 So.2d 667
• Parties: HUMANA MEDICAL CORPORATION OF ALABAMA d/b/a Humana Hospital Shoals v. Clakey V. TRAFFANSTEDT. Clakey V. TRAFFANSTEDT v. Helen B. HOLMES, as Executrix of the Estate of Thomas G. Holmes, Deceased. 1900270, 1900332.
• Court: Alabama Supreme Court

Page 667

597 So.2d 667

HUMANA MEDICAL CORPORATION OF ALABAMA d/b/a Humana Hospital Shoals v. Clakey V. TRAFFANSTEDT.

Clakey V. TRAFFANSTEDT v. Helen B. HOLMES, as Executrix of the Estate of Thomas G. Holmes, Deceased.

1900270, 1900332.

Supreme Court of Alabama.

March 6, 1992.

Oakley Melton, Jr. of Melton, Espy, Williams & Hayes, Montgomery, and Stanley A. Cash and J. Allen Sydnor, Jr. of Huie, Fernambucq & Stewart, Birmingham, for appellant Humana Medical Corp. d/b/a Humana Hosp. Shoals.

Henry H. Self, Jr. and J. Barry Mansell of Self & Self, Florence, for appellee/cross-appellant Clakey V. Traffanstedt.

W. Stancil Starnes and Laura Howard Peck of Starnes & Atchison, Birmingham, for cross-appellee Helen B. Holmes, as ex'r, etc.

ON REHEARING EX MERO MOTU

STEAGALL, Justice.

The original opinion of November 8, 1991, is withdrawn and the following is substituted therefor.

Clakey V. Traffanstedt consulted Dr. Thomas G. Holmes, a board certified neurosurgeon practicing in Muscle Shoals, on August 18, 1987, after suffering back, shoulder, and neck pain for several years. After examining Traffanstedt and after having two diagnostic tests performed on him, Dr. Holmes concluded that Traffanstedt suffered from cervical nerve root compression on the left side of his body and recommended that Traffanstedt undergo a delicate procedure known as an anterior cervical discectomy and fusion. Traffanstedt consented to the operation, which Dr. Holmes performed at Humana Hospital Shoals, where he had staff privileges, on September 2, 1987.

Immediately following the surgery, Traffanstedt experienced temporary paralysis and, for several months after the surgery, required physical therapy. According to his complaint, Traffanstedt continues to experience loss of feeling over his entire body, weakness in his limbs, and a "severe shocking sensation" throughout his entire body when he lowers his head.

Traffanstedt sued Humana, Inc.; Humana Medical Corporation of Alabama, doing business as Humana Hospital Shoals (hereinafter referred to as "Humana Hospital"); and Helen B. Holmes, executrix of the estate of Dr. Holmes, who had died on November 15, 1987. ¹ Although Traffanstedt alleged several grounds in his complaint, as amended, ² the case was submitted to the jury against Humana Hospital on the claims alleging negligent and wanton failure to monitor and supervise Dr. Holmes and the claims against Dr. Holmes's estate alleging negligent performance of the operation and negligent failure to obtain Traffanstedt's informed consent. The court had denied the defendants' motions for separate trials. The jury returned a verdict in favor of Dr. Holmes's estate but returned a verdict against Humana Hospital and awarded Traffanstedt $3,485,000 in compensatory and punitive damages. Humana Hospital appeals, and Traffanstedt cross-appeals.

Humana Hospital argues, among other things, that the verdicts are inconsistent. In that regard, Humana Hospital argues that the following jury instruction was erroneous:

"The Court further charges the jury that you may return a verdict in favor of Helen Holmes as executrix of the estate of Dr. Thomas Holmes even though you decide to return a verdict in favor of the Plaintiff, Clakey Traffanstedt, against Humana Hospital Shoals."

Humana Hospital objected to the giving of this charge and later moved for a J.N.O.V. or, in the alternative, a new trial, alleging that the verdicts were inconsistent. Its objection was overruled and its later motion was denied.

We begin by noting that Dr. Holmes was not an employee or agent of Humana; thus, Humana could not be liable under a respondeat superior theory. There is, however, a growing trend in other jurisdictions to hold hospitals liable in such situations under the "corporate liability" theory, which was enunciated in Darling v. Charleston Community Memorial Hospital, 33 Ill.2d 326, 211 N.E.2d 253 (1965), cert. denied, 383 U.S. 946, 86 S.Ct. 1204, 16 L.Ed.2d 209 (1966). See Pedroza v. Bryant, 101 Wash.2d 226, 677 P.2d 166 (1984); Tucson Medical Center, Inc. v. Misevch, 113 Ariz. 34, 545 P.2d 958 (1976); Elam v. College Park Hosp., 132 Cal.App.3d 332, 183 Cal.Rptr. 156 (1982); Kitto v. Gilbert, 39 Colo.App. 374, 570 P.2d 544 (1977); Joiner v. Mitchell County Hosp. Auth., 125 Ga.App. 1, 186 S.E.2d 307 (1971), aff'd, 229 Ga. 140, 189 S.E.2d 412 (1972); Ferguson v. Gonyaw, 64 Mich.App. 685, 236 N.W.2d 543 (1975); Gridley v. Johnson, 476 S.W.2d 475 (Mo.1972); Foley v. Bishop Clarkson Memorial Hosp., 185 Neb. 89, 173 N.W.2d 881 (1970); Moore v Board of Trustees of Carson-Tahoe Hosp., 88 Nev. 207, 495 P.2d 605, cert. denied, 409 U.S. 879, 93 S.Ct. 85, 34 L.Ed.2d 134 (1972); Corleto v. Shore Memorial Hosp., 138 N.J.Super. 302, 350 A.2d 534 (1975); Felice v. St. Agnes Hosp., 65 A.D.2d 388, 411 N.Y.S.2d 901 (1978); Bost v. Riley, 44 N.C.App. 638, 262 S.E.2d 391, disc. rev. denied, 300 N.C. 194, 269 S.E.2d 621 (1980); Utter v. United Hospital Center, Inc., 160 W.Va. 703, 236 S.E.2d 213 (1977); Johnson v. Misericordia Community Hosp., 99 Wis.2d 708, 301 N.W.2d 156 (1981). See, also, Annot., 12 A.L.R.4th 57 (1982) and Note, 11 Wm. Mitchell L.Rev. 561 (1985).

That theory has been described as follows:

"The liability of the hospital is based on its independent negligence in appointing to its medical staff a physician who is incompetent or otherwise unfit, or in failing to properly supervise members of its medical staff. The action is not one in which the hospital is sought to be held vicariously liable for the...