Ramirez

FACTS

Background An assailant shot Julio Ramirez in the left thigh and lower leg. After the shooting, paramedics transported Ramirez to the hospital. Ramirez arrived at the emergency room at about 11:45 p.m. Ramirez was agitated, suffering a large amount of blood loss, and in extreme pain. Atul Gupta, M.D., the primary emergency room doctor, and Frederick Stafford, M.D., a trauma surgeon, initially examined Ramirez. Dr. Stafford then went into surgery with another gunshot victim. Ramirez remained in Dr. Gupta’s care in the emergency room. Based on a lack of pulse in Ramirez’s lower leg and severe bleeding, Dr. Gupta ordered an on-call vascular surgeon to be summoned to the hospital. After Ramirez arrived at the hospital, Ramirez’s mother, Herminia Ramirez, was presented with a three-page, printed form entitled “CONDITIONS OF ADMISSION.” The Conditions of Admission form included a consent to medical and surgical procedures during hospitalization. Paragraph 4 of form stated “LEGAL RELATIONSHIP BETWEEN HOSPITAL AND PHYSICIAN.” It reads:

2 “All physicians and surgeons furnishing services to the patient, including the . . . emergency department physician, and other hospital-based…