Webster v. CDI Indiana, LLC

Dist. Ct. did not err in denying defendant-CDI medical diagnostic imaging facility’s motion for summary judgment in plaintiff’s medical malpractice action alleging that radiologist at defendant’s facility misread CT scan and failed to detect cancer. While defendant argued that it could not be liable, where it did not directly employ radiologist that read plaintiff’s CT scan, defendant could be liable where plaintiff presented evidence demonstrating under Indiana case law that they relied on defendant’s apparent authority over radiologist, since: (1) parties stipulated that defendant was responsible for hiring, training and supervising technologists and non-medical personal at defendant’s facility; (2) third-party who actually hired radiologist used trade name CDI to assist in marketing its services; and (3) plaintiff had no idea about relationship between defendant, third-party and radiologist and was never provided with information indicating that radiologist was not subject to defendant’s control or supervision. Moreover, plaintiff went on to obtain $15 million judgment against defendant based on instant apparent authority theory.