Supreme Court
Renaissance Med. Found. v. Lugo
- Case number: 23-0607
- Legal category: Negligence
- Subtype: Vicarious Liaiblity
- Set for oral argument: October 2, 2024
Case Summary
The issue is whether a nonprofit health organization certified under Section 162.001(b) of the Occupations Code can be held vicariously liable for the negligence of a physician employed by the organization.
Renaissance Medical Foundation is a nonprofit health organization certified by the Texas Medical Board. Dr. Michael Burke, who works for Renaissance, performed brain surgery on Rebecca Lugo’s daughter. Lugo sued Renaissance, in addition to suing Dr. Burke, alleging that it is vicariously liable for Dr. Burke’s negligence in performing the surgery that caused permanent physical and mental injuries to her daughter.
Renaissance moved for summary judgment, arguing that it cannot be held vicariously liable because it is statutorily and contractually barred from controlling Dr. Burke’s practice of medicine. The trial court denied the motion after concluding that Dr. Burke’s employment agreement gives Renaissance the right to exercise the requisite degree of control over Dr. Burke to trigger vicarious liability. Renaissance filed an interlocutory appeal. The court of appeals affirmed.
Renaissance petitioned for review, arguing that the Section 162.001(b) framework, which prohibits Renaissance from interfering with the employed physician’s independent medical judgment, precludes vicarious liability. The Supreme Court granted the petition for review.
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