Marotto v. Ohio State Univ. Med. Ctr. (Summary)

STATE IMMUNITY/MALPRACTICE

Marotto v. Ohio State Univ. Med. Ctr., No. 14AP-303 (Ohio Ct. App. Oct. 14, 2014)

The Court of Appeals of Ohio affirmed a lower court’s ruling that a physician was not entitled to state immunity because he was not an officer or employee of the state. The physician, an OB/GYN, was employed by a private group, but was also a courtesy medical staff member at a state university hospital. The plaintiffs sued the physician seeking damages related to injuries suffered as a result of the delivery of their son by the physician. The physician claimed that he was immune because he is a state employee, and had a contract with the state to render medical care. The lower court concluded that the physician was not entitled to immunity and the appellate court affirmed. In doing so, the appellate court rejected the physician’s argument that his application to become a member of the courtesy medical staff, the letter appointing him to the courtesy medical staff, and the bylaws of the state university formed a contract. The appellate court rejected this argument, stating, among other things, “[a]ssuming these documents do form a contract, they do not form a contract of employment.”