Statham v. Quang

Summary

The court held that the statute shielding medical students from civil liability neither imposes vicarious liability on supervising physicians nor immunizes those physicians from liability otherwise imposed by law. It further held that the borrowed servant doctrine is a defense to respondeat superior liability, not an independent theory for imposing liability, but that the evidence created a jury question under general respondeat superior principles because the physicians may have assumed control over the student’s conduct during surgery. The court therefore reversed the judgment affirming partial summary judgment for the defendants.