VICARIOUS LIABILITY
Griffith v. Univ. Hospitals
of Cleveland, No. 84314 (Ohio Ct. App. Dec. 9, 2004)
The Ohio Court of Appeals ruled that a hospital was not vicariously liable
for the alleged negligence of its emergency room physicians and nurses. The
patient in question had presented to the emergency room with a variety of symptoms,
but left the hospital before her testing and treatment were completed. She
died several days later. The court dismissed claims that the hospital was vicariously
liable for the actions of its nonemployed emergency room physicians, because
the patient had signed a consent form acknowledging (1) that such physicians
were independent contractors and (2) that the hospital was not responsible
for their actions. The court also dismissed claims that the hospital was liable
because the emergency room nurses had not done enough to stop the patient from
leaving the hospital prior to completion of her testing and treatment, finding
that "an emergency room nurse has no duty to interfere with an individual
who leaves the emergency room without telling anyone and who refuses treatment."