Hearing Held to Remove Hospital as Defendant

Judge Hulane George listened to arguments in a hearing Tuesday in Jasper County Superior Court where Jasper Memorial Hospital sought to be removed from a medical malpractice lawsuit.

The case is Felton S. Walker versus Henry S. Jordan, Jr., MD and Jasper Memorial Hospital for medical malpractice. No particulars on the case were heard, only a motion to limit the parties.

The hearing was requested by Attorney Scott P. Kerew for the Defendant, Dr. Jordan and Jasper Memorial Hospital, for the purpose of removing the hospital from any liability in the suit.

In his argument for the hospital, Mr. Kerew stated that Dr. Jordan was not an employee of the hospital, but rather was an independent contractor supplied by a medical staffing agency.
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The plaintiff, Felton S. Walker, and his attorney, Ronny E. Jones, have amended their case to include the medical staffing agency.

Mr. Kerew continued by saying the hospital didn’t hire Dr. Jordan, nor do they pay him, the medical staffing agency does. He went on to say the doctor is never referred to as an employee of the hospital and the word “Independent Contractor” appears in his contract nine times. He also pointed out that on two separate occasions, the plaintff completed and signed forms that specifically made note of the doctor being an independent contractor.

With this line of argument Mr. Kerew set up his request that the hospital was an improper part of the case and should be removed.

Mr. Jones, arguing for the Plaintiff, asked if the hospital had the right to direct Dr. Jordan and set his schedule? If so, he stated, he did represent the hospital. He also stated the doctor’s contract is signed by the hospital and the medical staffing agency, and that the doctor does receive certain benefits.

However, Mr. Jones went on to say the motion to dismiss was premature because the Plaintiff needs time to complete discovery. He added that discovery is ongoing, depositions are scheduled and he needed time to complete this to see who is actually liable.

Mr. Jones concluded by stating all he was asking the court was for a continuance through discovery.

Judge George informed both parties she would take the case under advisement and render a decision in approximately two weeks.