TALLAHASSEE – A woman may still get to trial in a lawsuit against Baptist Hospital of Pensacola over her treatment at the emergency room there, even though she was seen by an independent contractor.
The Florida First District Court of Appeal on Aug. 10 overturned a Santa Rosa County Circuit Court ruling that said her treating doctor, who was employed by Pensacola Emergency Physicians, was not acting as an agent of Baptist Hospital.
The First District said questions still remain as to whether the doctor was an apparent agent of Baptist and remanded the case to the trial court to figure it out.
Baptist had pointed at a contract with PEP: to operate its emergency room that called PEP an independent contractor with no employer-employee relationship.
“But, on the other hand, the agreement gives Baptist Hospital ultimate control over emergency department personnel and the methods and practices employed by emergency room physicians,” the ruling says.
“Although the agreement states that physicians provide emergency services according to their own means and methods of work, it also provides that ‘the overall authority and responsibility for policy, administration and executive control matters relating to the operation of the Emergency Department and the Emergency Services shall remain with the Hospital.’”
Latisha Gradia suffered cardiac arrest in 2021 at her home and fell into a coma. An ambulance took her to Santa Rosa Medical Center, which transferred her to Baptist because it would be able to offer a higher level of care.
At issue in the lawsuit is her doctor’s decision at Baptist not to induce therapeutic hypothermia, which she says left her with permanent brain damage and complete disability.
The appellate decision reverses summary judgment for Baptist.
“Gradia herself was unconscious and had no understanding or input into the facility- or physician-assignment decisions made for her,” the decision says. “And although Baptist had adopted a consent form to inform patients that emergency department physicians were independent contractors, this form wasn’t provided to or signed by Gradia or her family prior to her treatment.”