Gordon Rees Scully Mansukhani Mississippi Partner Hiawatha Northington and Senior Counsel Sheridan Carr successfully obtained a dismissal with prejudice on behalf of a dental support organization and its affiliated entities in a medical malpractice action pending in state court in Mississippi.
The plaintiff alleged that he sustained injuries during a dental procedure performed by a licensed dentist and sought to impose liability not only on the treating dentist, but also on the affiliated dental support organization and related corporate entities. The plaintiff contended that the corporate defendants were vicariously liable for the alleged malpractice and otherwise responsible for his injuries based upon their relationship with the dental practice.
Northington and Carr moved for summary judgment, demonstrating that the undisputed evidence established that the treating dentist rendered care exclusively through his professional entity and exercised independent clinical judgment throughout the plaintiff’s treatment. The defense relied upon the governing Services Agreement, which expressly limited the corporate defendants’ role to administrative and non-clinical support functions while reserving all professional judgment, treatment decisions, and patient care exclusively to the licensed dentist. The motion further established that the corporate defendants neither provided dental treatment nor exercised control over the manner and means of the plaintiff’s care, precluding vicarious liability under well-established Mississippi law governing independent contractors. The defense also demonstrated that the plaintiff failed to identify any independent act or omission by the corporate defendants that could support a claim for direct liability.
The court agreed and entered summary judgment dismissing all claims against the corporate defendants with prejudice. This result underscores GRSM’s experience defending healthcare organizations and corporate healthcare entities against professional liability claims.