Great question and I sure don’t want to be evasive but there are WAY too many variables involved in trying to answer a complex hypothetical like this that it would not be responsible for me to try to answer the question. Variables include: what state are we talking about (I am only admitted to practice in NY and PA so I couldn’t possibly comment on the law of any other state)?; Is Jane a direct employee of Dr William’s, an independent contractor, or employed by some other entity?; Is Jessica a direct employee of the Dr, an independent contractor, or employed by someone else?

These are just a few of the questions off the top of my head and I know if I spent more time thinking about it, there would be a lot more questions I would need to ask before I could give you an informed answer.

This makes an important point about all cases but medical malpractice cases in particular: it is often impossible to give a definitive answer to a question until you have ALL the information. This is why I spend hour upon hour meeting with people, getting records, doing legal and medical research, gathering information, BEFORE I can tell people whether they have a case or not.

I am happy to give answers but I can only do so when I have all the information I need. Thanks for your question!

Thanks, Jim
_________________________________________
James B. Reed, Esq.
Personal Injury & Malpractice Attorney
Ziff Law Firm, LLP
303 William St., Elmira, NY 14901
Tel. (607) 733‑8866 Fax. (607) 732‑6062
Toll Free 1–800-943‑3529
mailto:jreed@zifflaw.com http://www.zifflaw.com