Professional Negligence Law Reporter

The Washington Supreme Court held that state statutes and regulations create a nondelegable duty regarding a hospital’s provision of emergency services.

Cindy Essex died after being diagnosed as having necrotizing fasciitis. Her mother, on behalf of her estate, sued Samaritan Hospital, where Essex had presented to the ER in severe pain, and two treating physicians, alleging medical negligence, wrongful death, corporate negligence, and vicarious liability. The hospital moved successfully for summary judgment, and an appellate court affirmed.

Reversing, the state high court found that where an entity has a nondelegable duty, it cannot avoid liability by delegating its duty to an independent contractor. Citing case law, the court said that an entity will be vicariously liable for the independent contractor’s negligent performance of that duty absent special circumstances. Moreover, the court found, statutes and regulations can establish nondelegable duties.

The court noted that state statutes and regulations, including regulations governing hospital licensing, inspection, and maintenance, impose a nondelegable duty regarding a hospital’s provision of emergency services. The court added that although hospitals may delegate the performance of this duty to nonemployee doctors, the ultimate duty and potential for vicarious liability remains with the hospital.
Accordingly, the court remanded the case.

Citation: Essex v. Grant Co. Pub. Hosp. Dist. No. 1, 546 P.3d 407 (Wash. 2024).

Plaintiff counsel: AAJ member William A. Gilbert and George M. Ahrend, both of Spokane, Wash.; and AAJ member Kristine Grelish, Bellevue, Wash.