Hospital Escapes Claims Based on Surgeon’s Fondling of Patient

A Nebraska hospital won’t face a claim that it’s vicariously liable for a medical staff doctor’s alleged sexual abuse of an anesthetized patient, a federal court in the state said.

A.W.'s failure to allege that Mark Dietrich was acting within his capacity as an employee of Nebraska Medical Center when he allegedly fondled her vagina while performing knee surgery prevented her from moving forward on the vicarious liability claim, the U.S. District Court for the District of Nebraska said Tuesday.

Allegations that Dietrich’s conduct took place in a Nebraska Medical Center facility, that he had privileges at the facility, that ...