Joint Ventures. Gustave Peterson contacted his family doctor, Leland Reichelt, complaining of abdominal pain. The doctor recommended gallbladder surgery. Dr. George Fortier performed the surgery, and Reichelt assisted. It was Reichelt's normal practice

Question

to refer patients to Fortier for surgery, and each doctor charged the patient separately for his services. During the operation, a metal clip was inadvertently left inside Peterson's abdominal cavity. It eventually formed a stone, which later caused Peterson chest and gastric pain. Peterson repeatedly complained to Reichelt, who diagnosed the problem as being related to either a hernia or stress. Peterson finally sought the advice of another physician, who, on performing surgery, discovered the metal clip. Peterson filed suit against both Reichelt and Fortier for malpractice under the theory that Fortier and Reichelt were engaged in a joint enterprise (joint venture). Discuss fully whether the two doctors were joint venturers.

Answer 1

Joint ventures
The court held that two elements are necessary for a joint venture: "(1) a mutual understanding for a common purpose, and (2) a right to a voice in the direction and control of the means used to carry out the common purpose." When one participant in a joint enterprise negligently causes an injury while acting within the scope of such enterprise, every participant is liable to the injured party. The court stated that although doctors who treat the same patient are usually not liable under a joint venture theory, the relationship between doctors could be evidence of a joint venture if there was a right of mutual control in pursuit of a common purpose. Because of this, the court remanded the case back to the trial court to seek more evidence concerning the doctors' agreement and the duties that each doctor agreed to undertake.