ARFD victory with 30 cases dismissed! Court agrees, No vicarious liability for a Hospital for mere affiliation with alleged abuser under Child Victims Act.
Aaronson Rappaport appellate partner Deirdre Tracey achieved a tremendous victory for ARFD and a preeminent metropolitan hospital with the pre-answer dismissal of 30 cases brought under the Child Victims Act. The cases involved allegations spanning several decades and asserted six different causes of action arising from the co-defendant doctor’s alleged abuse of minor patients at his private practice while he maintained affiliations with the institutional defendants.
Deirdre successfully argued to the Court that the hospital owed plaintiffs no duty of care with respect to the alleged abuse by a doctor who was not an employee, but only affiliated with the hospital through admitting privileges, and whose alleged criminal conduct occurred at his private practice. The Court agreed that “the requisite nexus simply does not exist between the alleged tort and the existence of such privileges. None of the alleged abuse took place in defendants’ facilities.” The Court further held the pleadings were insufficient to allege the hospital knew or should have known of the doctor’s propensity for wrongdoing, and that it could not be held vicariously liable for his intentional torts.
Congratulations to Deirdre on this accomplishment.