Defendant university challenged the decision of the Superior Court of Riverside County (California) which rendered a verdict in favor of plaintiff county hospital, for indemnification of the monetary value of a settlement of a medical malpractice action against plaintiff, based upon their being joint tortfeasors in having provided medical care and treatment under an affiliation agreement.
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Overview
Defendant university had an affiliation agreement with plaintiff county hospital to furnish teaching services with its medical faculty. Plaintiff paid a settlement to a malpractice claimant, and sought indemnification from defendant as either a joint venturer or joint tortfeasor. The superior court held defendant liable, and defendant appealed. The court affirmed. The court held that the affiliation agreement did not demonstrate any intent for a joint venture of patient care, as the objective was to make teaching services available to plaintiff’s interns and residents. However, the court held that defendant was a joint tortfeasor because the affiliation agreement gave rise to a duty on the part of defendant to exercise due care towards patients under the care and treatment of the resident physicians and to see that the residents received proper education and training in their specialty, and proper supervision over the clinical aspect of their training. The court held that a duty of care to persons not in contractual privity could arise out of a contract. Defendant’s negligence in its contractual obligations supported the finding that defendant was concurrently negligent.
Outcome
The court affirmed defendant university’s indemnification in a medical malpractice action, because the affiliation agreement with plaintiff county gave rise to a duty on the part of defendant to exercise due care, and there was substantial evidence that defendant was negligent in discharging its contractual obligations under an affiliation agreement to provide teaching services at plaintiff’s hospital