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."