Contact Us

Anti-Spam Question:

Robert Wood Johnson University Hospital May Be Vicariously Liable for Negligence of UMDNJ Employees

By Attorney Michael B. Zerres on July 6, 2011

In a case involving an unauthorized autopsy of a deceased child by UMDNJ employed pathologists following a termination of pregnancy at Robert Wood Johnson University Hospital, the defendant hospital moved to be dismissed from the case arguing it did not employ the UMDNJ employees. While true, the United States District court for the District of New Jersey (Joel Pisano USDJ) ruled that the hospital may be liable for the negligent conduct of the UMDNJ employees pursuant to the doctrine of “apparent authority” established in the case of Cordero v. Christ Hospital, 403 N.J. Super. 306 (App. Div. 2008).

In Thompson v. Robert Wood Johnson University Hospital, 2011 U.S. Dist. LEXIS 63980, Judge Pisano concluded that, utilizing the theory of “apparent authority” pronounced in Cordero, “there is no evidence that RWJ informed plaintiffs that the pathology department at the hospital was contracted out to UMDNJ or that plaintiffs were given an opportunity to select or reject the care provided by the pathology department.” In such circumstances, “a juror could find that plaintiffs formed a reasonable belief that the doctors in the pathology department were agents of RWJ,” leaving open the opportunity for plaintiffs to obtain a verdict against the hospital for the unauthorized autopsy performed by the UMDNJ employed pathologists.

Related Articles:

Chatham: (973) 635-5400     Jersey City: (201) 963-4711     Sea Girt: (732) 758-6333     North Bergen: (201) 861-7757

New Jersey Medical Malpractice Attorney Disclaimer: The New Jersey medical malpractice, accident, injury, serious accident, or other personal injury legal information presented at this site should not be construed to be formal legal advice, nor the formation of a lawyer or attorney client relationship. Any results set forth herein are based upon the facts of that particular case and do not represent a promise or guarantee. Please contact a New Jersey Personal Injury Attorney or Medical Malpractice Lawyer for a consultation on your particular medical malpractice matter. This web site is not intended to solicit clients for matters outside of the state of New Jersey.

© 2018 Super Lawyers®, Super Lawyers is a registered trademark of Thomson Reuters.

Copyright © 2018 Blume Goldfaden Berkowitz Donnelly Fried & Forte, Chatham, NJ - All rights reserved. Attorneys serving all New Jersey Counties and Communities.