ROESSLER V. NOVAK
858 So.2d 1158 (2003)
NATURE OF THE CASE: Roessler (P) sought review of a decision which granted summary
judgment to Novak (D), and hospital in a medical malpractice action against hospital and D
among others.
FACTS: P was examined by a physician who took chest and abdominal x-rays. P was diagnosed
as suffering from a perforated viscus and pneumonia. A perforated viscus requires immediate
surgical intervention. Arrangements were made to go to Sarasota Memorial's emergency room to
be seen by a surgeon for evaluation of the perforated viscus and surgery. P was admitted to
the hospital. Scans of his abdomen were taken in Sarasota Memorial's radiology department
while he was an inpatient. Dr. Richard J. Lichtenstein, a board certified radiologist,
analyzed and interpreted those scans because he was the radiologist on duty at Sarasota
Memorial at the time the scans were brought to be interpreted. Dr. Lichtenstein was not
acquainted with P at that time. An operation was performed on his perforated viscus. P
developed serious complications which required approximately a two and one-half month
admission in Sarasota Memorial. P developed renal failure, a heart condition, systemic
sepsis, and multiple brain abscesses which had to be surgically removed. P sued Ds for
medical malpractice for vicarious liability as well as for negligent destruction of
evidence. P alleged that Dr. Lichtenstein misinterpreted the scans taken in Sarasota
Memorial's radiology department and was negligent in failing to include an abdominal abscess
in his differential diagnosis. P alleged that Dr. Lichtenstein did so while an agent of
Sarasota Memorial. Sarasota Memorial asserted that Dr. Lichtenstein was an independent
contractor and was not an agent, servant, or employee. Sarasota Memorial filed a motion for
summary judgment. The trial court granted Sarasota Memorial's motion for summary judgment
and entered a final judgment thereon. This appeal was taken.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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