Vanderpool v. University Hosp., Inc.,
Appeal No. C-020020 (Ohio Ct. App. Sept. 27, 2002)
A
patient treated at a hospital outpatient clinic that provided obstetric and
gynecology services sued the hospital for alleged negligent care provided by
a physician at the clinic. The trial court found in favor of the hospital and
the patient appealed. The Ohio Court of Appeals reversed the judgment of a trial
court, finding that the hospital was liable under the theory of agency by estoppel.
The court first held that the hospital held itself out to the public as a provider
of medical services. The "critical question" then focused on whether
the patient was looking to the hospital or to the individual physician for the
treatment of her condition. After considering all of the factors in the case,
the court held that "reasonable minds could come to but one conclusion:
That [the patient] was looking to the hospital, and not to [the physician] as
her individual practitioner, to provide her with competent medical care."