Q: My wife never woke up from a surgery where she was under general anesthesia. The hospital says they're not liable
because the anesthesiologist was an independent contractor. Is this true?
A: You should discuss this case in private with counsel here in Florida.
A: The hospital may not be liable if they did not employee the anesthesiologist, but, may be liable of other staff such as RN's are involved and employed by the hospital, or if any other RN or staff employee contributed to the event. Assuming there was negligence and a failure to perform under the requisite standard of care by the MD, that physician and his employer or group or PA would have primary liability and responsibility. I urge you to seek out representation immediately and work with an attorney to gain the records and get answers to what happened and why. It may be very complex, and worth obtaining all the records and an expert review.
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