Laura Eschleman and Molly McCall Obtained Summary Judgment from New York Court in Favor of Locum Tenens Physician Staffing Company

Laura Eschleman and Molly McCall successfully moved a New York supreme court to award summary judgment in favor of a national locum tenens physician staffing company when it was sued under the doctrine of respondeat superior, or “vicarious liability,” for the alleged failure of an emergency medicine physician to timely diagnose and treat compartment syndrome in a patient with a complicated history. Following extensive discovery, the locum tenens physician staffing company filed its motion for summary judgment, arguing it exercised no control whatsoever over the medical treatments or interventions performed by the codefendant physician and did not, in any way, direct the physician’s clinical decision making. Summary judgment was granted, and the company was dismissed from the case.