Professional Negligence Law Reporter

An Indiana appellate court held that a diagnostic imaging center may be held vicariously liable for the negligence of its independent contractor radiologist.

Harold Arrendale was diagnosed as having an arteriovenous fistula of the spine. He sued various defendants, including Marion Open MRI and independent radiologist Alexander Boutselis. He alleged that Marion Open MRI was vicariously liable for Boutselis’s alleged negligence. Marion Open MRI moved for summary judgment, asserting that it could not be vicariously liable for Boutselis, who was an independent contractor. The trial court granted the motion.

Reversing, the appellate court noted that under Sword v. NKC Hosps., Inc., 714 N.E.2d 142 (Ind. 1999), a hospital may be liable for the negligence of its independent contractor physician where it holds itself out as the provider of care and a patient relies on this. Finding this holding applicable here, the court said that just as it is reasonable for a hospital patient to believe that treating physicians in the hospital are employees or agents of the facility, it is reasonable for a patient at a diagnostic imaging center to believe that a radiologist interpreting images for the center is its employee or agent, unless the center informs the patient to the contrary. Moreover, the court reasoned, the Sword court did not indicate that its holding should never be applied beyond the hospital context.

Accordingly, the court remanded.

Citation: Arrendale v. American Imaging & MRI, LLC, 2021 WL 1940803 (Ind. Ct. App. May 14, 2021).

Plaintiff counsel: Mary A. Findling, Indianapolis.

Amici curiae counsel: AAJ members Sara A. Langer and Steven L. Langer, both of Valparaiso, Ind.