This section contains the nature of the case and procedural background.

P, who was in her early eighties, was diagnosed by Dr. Gary Poleynard, with common duct stones and complications due to gall stone disease. Dr. Poleynard recommended surgery and referred P to Dr. Ismael Goco, a board-certified general surgeon. Dr. Goco concurred with Dr. Poleynard's diagnosis and his recommendation of surgery. Dr. Goco had hospital privileges at two hospitals at Medical Park Hospital, Inc. (FMC). P was admitted to FMC. FMC is owned by D. Piedmont Anesthesia & Pain Consultants, P.A. (Piedmont) had a contract with FMH that granted Piedmont the exclusive right to provide anesthesia services at FMC. Dr. Joseph McConville and nurse Sheila Crumb were responsible for administering anesthesia to P. Crumb performed the intubation. She made three attempts before successfully completing the intubation. At some point during the attempts, Crumb perforated P's esophagus, a fact that was not discovered until many hours after the gall bladder surgery was over. P contends that as a result of that perforation, she has suffered severe and permanent injuries. P filed suit alleging that the anesthesiology defendants were individually liable for their negligence in administering the anesthesia and that the hospital defendants (Ds) were vicariously liable for the anesthesiology defendants' negligence, as well as the negligence of the hospital floor nurses who, following P's surgery, failed to immediately notice the perforation. Ds moved for summary judgment which the trial court granted. P appealed.

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