Lovett v. Lorain Community Hosp.

Hospital Liability – Agency by Estoppel

Lovett v. Lorain Community Hosp., C.A.
No. 03CA0008300 (Ohio Ct. App. Feb. 11, 2004)

The Ninth District Court of Appeals of Ohio reversed
the lower court’s grant of summary judgment in favor of a hospital on a medical
malpractice claim filed by a patient against the hospital, a nursing student,
and a registered nurse acting as a nursing instructor. The patient’s claim alleged
a nerve injury following an injection by the student nurse while under the supervision
of the nursing instructor. The court ruled that a hospital may be held liable
under the doctrine of agency by estoppel for the negligence of an independent
medical practitioner practicing in the hospital even when the independent medical
practitioner has not been named as a party and/or a claim against the practitioner
is not viable provided that the following criteria are met: (1) the hospital
holds itself out to the public as a provider of medical services and (2) in
the absence of notice or knowledge to the contrary, the patient looks to the
hospital, as opposed to the individual practitioner, to provide competent medical
care. The case was remanded to the lower court.