Negligence of Hotel Physician Causes Sepsis & Death?

Hotel "House Doctor" Deemed an Independent Contractor.

Guests of a hotel, a married couple, took advantage of the hotel's "house doctor," an independent contractor with his own house call company.

The couple claimed medical negligence of the physician who failed to diagnose and treat the wife's infection, which resulted in sepsis and death one week later.

The hotel denied responsibility for the physician's actions because they were not a medical provider. Also, the hotel claimed that the physician was not an employee and had no affiliation.

The husband argued that the physician charged $6,375 to his credit card for a 15-20 minute in-room visit after signing a blank credit card slip and agreeing to the physician's fee of $800.

They are additionally stating that the physician paid hotel concierges $150 to $300 for each hotel guest treated without informing the hotel guests.

Jury Determines Responsibility is Split.

The jury found the hotel did not commit medical negligence; the physician was not an employee and not responsible for the actions of the physician.

However, the hotel was negligent in inadequately verifying the qualifications of the physician.

The jury determined that the physician was 55% liable, 35% of the married couple, and 5% of the hotel.

The couple's decision to use the physician's services at the hotel should have been followed up with their primary physician or another nearby medical facility.

The physician was unable to make an accurate diagnosis or provide the necessary treatment. He possibly provided the wife with a prescription for an antibiotic to treat the infection.

However, when the wife's symptoms became worse, the decision to seek treatment at a medical facility or hospital was necessary to diagnose and treat her condition properly.

They are liable for not receiving the proper follow-up care, especially with the wife's deterioration, and accepting the treatment of the hotel's "house doctor" with a severe infection that caused her death so quickly.

The couple was unaware of the physician's credentials, skills, or experience.

The husband was also irresponsible when signing a blank credit card slip from the physician without knowing the exact amount or allocation of the fees since the physician only spent at most 20 minutes with the wife.

They were also unaware that the physician paid the concierges upwards of hundreds of dollars.

Hotel is Responsible for Verifying Physician Qualifications.

The jury determined that the hotel had some responsibility in the medical negligence of the physician who treated the wife.

Although not a medical facility, the hotel allowed the physician to provide services to guests without knowledge of his credentials, experience, or the process of services offered, such as having guests sign blank credit card slips for fees much more than agreed.

Despite the physician working as an independent contractor or affiliation with the hotel, the hotel should have determined some policies in the allowance of treating guests.

The physician had an obligation to provide guests superior services under the medical oath he swore.

As a physician, he should have referred the wife to an immediate medical facility to treat a severe infection and at the minimum follow-up or allow the guests to contact him if his prescribed treatments were ineffective.