McLeod v. Mount Sinai Med. Ctr.

Vicarious Liability

McLeod v. Mount Sinai Med. Ctr., Nos. 85286, 85574,
85605 (Ohio Ct. App. May 4, 2006)

The guardian of a child
born with cerebral palsy and severe retardation brought a medical malpractice
suit against the doctor who performed the cesarean section and hospital where
the birth took place. A trial jury found the defendants liable for $30,000,000
in damages. The hospital filed a post-judgment motion to overturn the verdict,
arguing that the anesthesiologist involved in the case was an independent
contractor and, therefore, the hospital could not be held vicariously liable
for the acts of this non-employee.

In addressing the motion, the Court of Appeals of Ohio ruled that a health
care facility may be held liable for the negligence of independent medical
practitioners if the facility holds itself out to the public as a provider
of medical services and the patient viewed the hospital as something more than
a site where a physician would treat her. In this case, the court held that
credible evidence was presented at trial suggesting the patient satisfied this
standard. Additionally, the court found facts in the record indicating possible
negligence on the part of nursing staff and other hospital employees.

Accordingly, the hospital’s motions for a new trial or judgment, notwithstanding
the verdict, were properly denied. The court concluded that the case should
be sent back to the trial court to consider reducing the damage award.