![]() ![]() The Andrades subsequently settled with Dr. (Zapata), a professional association of which Dr. ![]() The Andrades also sued Hugo Zapata, M.D., P.A. Lozano, an independent contractor with admitting privileges at the Hospital, was a limited partner in Renaissance. Renaissance was a limited partnership that owned and operated the Hospital, and RGV Med was Renaissance’s general partner. (Renaissance) and RGV Med, LLC as defendants, arguing that they were vicariously liable for Dr. The Andrades later added Doctors Hospital at Renaissance, Ltd. Lozano, alleging that his negligence in delivering their daughter caused her permanent injury, including nerve damage and permanent paralysis of one arm. Lozano allegedly engaged in excessive twisting during the delivery to dislodge the shoulder. ![]() The delivery was complicated by the baby’s shoulder dystocia, and Dr. Rodolfo Lozano treated Jessica Andrade during her pregnancy and delivered her daughter at Women’s Hospital at Renaissance (Hospital) in Edinburg, Texas. ![]() As such, we reverse and render judgment for the petitioners. Accordingly, the partnership cannot be liable for the doctor’s medical negligence. We conclude that the ordinary course of the partnership’s business does not include a doctor’s medical treatment of a patient and that the doctor was not acting with the authority of the partnership in treating the patient. If so, we must then determine whether the general partner of that limited partnership may be liable as well. The issue in this case is whether a limited partnership that owns a hospital may be vicariously liable for the alleged professional negligence of a doctor who is a limited partner in the partnership. Under Texas partnership law, a partnership can be held liable for injury caused by a partner if the partner was acting in the ordinary course of the partnership’s business or with the partnership’s authority. JESUS JAIME ANDRADE AND JESSICA ANDRADE, RESPONDENTS ON PETITION FOR REVIEW FROM THE COURT OF APPEALS FOR THE THIRTEENTH DISTRICT OF TEXAS Argued MaJUSTICE LEHRMANN delivered the opinion of the Court. 15-0563 DOCTORS HOSPITAL AT RENAISSANCE, LTD. The ordinary course of the partnership’s business does not include a doctor’s medical treatment of a patient and that the doctor was not acting with the authority of the partnership in treating the patient the partnership cannot be liable for the doctor’s medical negligence. RGV moved for summary judgment, arguing that they were not liable for Lozano’s conduct because he was not acting within the scope of the partnership or with partnership authority when providing obstetrical care to Andrade, Tex. The Andrades settled with Lozano and nonsuited their claims against Renaissance. Andrade later added Renaissance, a limited partnership that owned and operated the Hospital, and RGV, Renaissance’s general partner. Andrade sued Lozano, alleging that his negligence caused the child permanent injury, including nerve damage and permanent paralysis of one arm. Lozano allegedly engaged in excessive twisting. Lozano treated Andrade during her pregnancy and delivered her daughter at Women’s Hospital at Renaissance in Edinburg. ![]()
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