Summary
The Supreme Court of South Carolina reversed the Court of Appeals and held that an employee who sustains a compensable work-related injury may not maintain a tort action against a governmental employer-hospital for the alleged malpractice of a treating physician. The court concluded that the South Carolina Workers’ Compensation Act and Tort Claims Act together make workers’ compensation the exclusive remedy against the employer and rejected application of the dual persona doctrine to the Medical University of South Carolina. The court reinstated the trial court’s dismissal of the action under Rule 12(b)(6), SCRCP.
Holdings
- The Tort Claims Act and Workers' Compensation Act together bar a government employee from maintaining a tort action against the governmental employer for malpractice occurring in the treatment of a compensable work-related injury. The consequences of the malpractice are treated as part of the compensable work-related injury under the Workers' Compensation Act.
- The dual persona doctrine does not permit Tatum to sue MUSC in tort. MUSC did not acquire a legally distinct persona separate from its identity as Tatum's employer merely by referring her to its medical provider or furnishing medical services.
Questions Presented
- Whether the South Carolina Tort Claims Act and Workers' Compensation Act permit a government employee with a compensable work-related injury to maintain a tort action against the governmental employer for the alleged negligence of an employer-employed treating physician.
- Whether the dual persona doctrine permits MUSC to be sued in tort as a treating hospital notwithstanding the workers' compensation exclusivity provisions.
Disposition
reversed
Cases Cited (35)
- Tatum v. Medical University of South Carolina, 335 S.C. 499, 517 S.E.2d 706 (Ct. App. 1999)(reversed)
- Summers v. Harrison Constr., 298 S.C. 451, 381 S.E.2d 493 (Ct. App. 1989)(followed)
- Proveaux v. Medical University of South Carolina, 326 S.C. 28, 482 S.E.2d 774 (1997)(followed)
- Lester v. South Carolina Workers' Compensation Commission, 334 S.C. 557, 514 S.E.2d 751 (1999)(followed)
- Whitfield v. Daniel Constr. Co., 226 S.C. 37, 83 S.E.2d 460 (1954)(followed)
- Johnson v. Rental Uniform Service of Greenville, 316 S.C. 70, 447 S.E.2d 184 (1994)(followed)
- McAlister v. Methodist Hospital of Memphis, 550 S.W.2d 240 (Tenn. 1977)(followed)
- Nolan v. Daley, 222 S.C. 407, 73 S.E.2d 449 (1952)(followed)
- Neese v. Michelin Tire Corp., 324 S.C. 465, 478 S.E.2d 91 (Ct. App. 1996)(limited)
- Abbott v. The Limited, Inc., 338 S.C. 161, 526 S.E.2d 513 (2000)(followed)
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