2. Brackenridge Hospital admitted Plaintiff to its intensive care unit following a serious car accident. Medical residen

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2 Brackenridge Hospital Admitted Plaintiff To Its Intensive Care Unit Following A Serious Car Accident Medical Residen 1 (128.47 KiB) Viewed 178 times

2. Brackenridge Hospital admitted Plaintiff to its intensive care unit following a serious car accident. Medical resident Dr. Villafani and attending physician Dr. Harshaw performed a tracheostomy and inserted a breathing tube. Several days later, plaintiff experienced bleeding from the surgical wound. Dr. Villafani examined plaintiff but did not immediately share plaintiff's condition with Dr. Harshaw. Plaintiff went into cardiac and respiratory arrest resulting in permanent and severe brain damage. At the time of plaintiff's treatment, Dr. Villafani was enrolled in a general surgery residency program operated by St. Joseph's Hospital. Central Texas Medical Foundation, an institution participating with St. Joseph's placed Dr. Villafani at Brackenridge Hospital, and had a contractual agreement with St. Joseph's to do so. The Foundation and Brackenridge dictated the details of how and when Dr. Villafani performed his residency responsibilities while at Brackenridge. The contract between St. Joseph's and the Foundation prevented St. Joseph's from having any direct control over Dr. Villafani's work while at Brackenridge. Plaintiff sued several defendants, including St. Joseph's, who was found vicariously liable for plaintiff's injuries under the theory of respondeat superior. On appeal, the court reversed. Who, if anyone, should be held vivaciously liable for Dr. Villafani's treatment of plaintiff?