Casares v. Mercy St. Vincent Med. Ctr. — Aug. 2016 (Summary)

AGENT OF ESTOPPEL

Casares v. Mercy St. Vincent Med. Ctr.
No. L-15-1313 (Ohio Ct. App. Aug. 26, 2016)

The Court of Appeals of Ohio for the Sixth District reversed a lower court’s grant of summary judgment in favor of a patient who brought a medical malpractice lawsuit against a health center, physician, and hospital.

After fracturing his cervical spine in a swimming accident, the patient was transported to a nearby health center. Upon arrival, the patient was placed in the care of one of the health care center’s physicians, but was eventually airlifted to another hospital. Ultimately, the patient suffered permanent injury to his spinal cord and quadriplegia. The patient filed suit against both facilities, alleging that the physician at the first facility negligently failed to take any cervical spine fracture or spinal cord injury precautions, and failed to diagnose and treat his cervical fracture. Additionally, the patient maintained that the flight crew was negligent in failing to secure his cervical spine.  The patient claimed the physician, an independent contractor, acted as an ostensible agent of the health center, thus the health center was responsible under the doctrine of respondeat superior.

The court disagreed with the lower court’s finding that the patient failed to meet his burden of showing that he “looked to” the health center for care, as opposed to the physician, because his lack of consciousness had precluded him from doing so. The court held that a hospital may be held liable under the doctrine of agency by estoppel for the negligent acts of its independent contractors where the patient is unconscious and without notice of the independence of the physician at the time of paramedic transport. Therefore, the court reversed the lower court’s grant of the health center’s motion for summary judgment and remanded the case for further proceedings.