TaiLexi AI U.S. Case Law
122 cases · terms & connectors · 0.26 s
  1. 321 N.E.2d 787 Ohio Supreme Court January 8, 1975 No. 74-10

    Although appellant has raised four propositions of law, the basic issue is whether a tortfeasor responding in damages resulting from the negligent treatment by a physician of the original injury caused by the negligence of the tortfeasor

    Although a tortfeasor, pursuant to Tanner, supra, is liable for the results of negligent treatment by a physician of the injury caused by the tortfeasor, the physician is not responsible for the results of the negligence of the tortfeasor

    However, the original tortfeasor is responsible for the negligence of the physician because the tortfeasor’s negligence created the risk (the injury) and the occasion for the independent negligence of the physician.

  2. 2009 Ohio 4175, 916 N.E.2d 1029 Ohio Supreme Court August 26, 2009 No. 2007-2202

    a finding of negligence against the doctor.

    WM-07-001, 2007-Ohio-5469, ¶ 18 (“Determining that staff physician negligence must be proven as an element of a negligent-credentialing claim against an employer does not interpose a legal requirement to name the staff physician

    issue at trial when doctors and hospital were named parties, reasoning that “the matter * * * did not become ripe as to the issue of negligent credentialing until and if medical negligence was found on behalf of appellee [doctor]”

  3. Comer v. Risko
    106 Ohio St. 3d 185 Ohio Supreme Court September 14, 2005 No. 2004-0284
    Cited by 320 Dissent · Pfeifer

    Indeed, in Clark, the negligent doctor and his practice group were not parties to that case at the time of that trial. Clark, 68 Ohio St.3d at 436 , 628 N.E.2d 46 .

    doctors before the expiration of the statute of limitations did not destroy the hospital’s right of indemnity against them.

    For instance, for nonemergency procedures, where a patient has chosen her own doctor to provide medical services within the hospital, Clark should not apply.

  4. 857 N.E.2d 573 Ohio Supreme Court December 13, 2006 No. 2005-0896
    Cited by 58 Dissent · Pfeifer

    When in the Court of Claims, the doctor accused of negligence will be pointing at the empty chair — that is, at the doctor who is susceptible to suit only in the court of common pleas.

    And when in the court of common pleas, the doctor accused of negligence will be pointing at a different empty chair — at the doctor who is only susceptible to suit in the Court of Claims.

    a doctor from negligence whenever negligence occurs in the presence of a student.

  5. Browning v. Burt
    1993 Ohio 178 Ohio Supreme Court June 30, 1993 No. 1991-2079

    of a physician by hospital is not "medical diagnosis, care or treatment" within meaning of R.C. 2305.11—Action against hospital for bodily injury arising from negligent credentialing of physician subject to two-year limitations

    Negligent credentialing of a physician by a hospital is not "medical diagnosis, care, or treatment" within the meaning of R.C. 2305.11. 3.

    I strongly disagree because I believe the plaintiffs had earlier notice of SEMC's negligence in granting staff privileges to the defendant- physicians. {¶ 80} The record indicates that both Browning and Mitchell signed the following

  6. 553 N.E.2d 1038 Ohio Supreme Court April 25, 1990 No. 88-2208

    We do not hold, however, that a hospital may never be held liable for the negligence of a physician with staff privileges.

    A physician’s negligence does not automatically mean that the hospital is liable, and does not raise a presumption that the hospital was negligent in granting the *259 physician staff privileges. Crumley v.

    plaintiff to believe that the negligent physician was operating as an agent under the hospital’s authority, Johnson v.

  7. Walling v. Brenya
    2022 Ohio 4265, 218 N.E.3d 731 Ohio Supreme Court December 1, 2022 No. 2021-0241

    , but only after a determination that the doctor had been negligent.

    Though a negligent-credentialing claim is independent, our caselaw is patently clear: negligent-credentialing claims are not viable in the 4 January Term, 2022 absence of medical negligence by the treating doctor.

    Being able to drag a doctor who has already settled with a patient back into a negligent- credentialing case might lead to fewer medical-negligence settlements. 5 SUPREME COURT OF OHIO physician was negligent is precluded from

  8. 642 N.E.2d 1102 Ohio Supreme Court December 14, 1994 No. 94-79

    It is well-established common law of Ohio that malpractice is limited to the negligence of physicians and attorneys.

    We further observed in Richardson that in 1894, when the General Assembly amended the one-year statute of limitations to include malpractice actions, the legal definition of “malpractice” was limited to negligence on the part of doctors

    Therefore, causes of action for malpractice are limited to actions arising from the negligence of attorneys and physicians under the common law and those other professions expressly designated by the General Assembly.

  9. 844 N.E.2d 1160 Ohio Supreme Court March 3, 2006 No. 2004-0296
    Cited by 13 Concurring in Part, Dissenting in Part · Pfeifer

    In Simmerer , *506 the defendant doctor had negligently performed a sterilization procedure (as in Johnson), and the plaintiff mother ultimately became pregnant.

    The Simmerer majority was extraordinarily slim, and the opinion left the door open for a cause of action in which the child’s birth defect was foreseeable by the negligent doctor.

    Traditionally, the threat of suit has been part of the system we rely on to ensure the responsibility of doctors. Should prenatal counseling be the only area in which doctors are free from liability for negligence?

  10. Tanner v. Espey
    190 N.E. 229 Ohio Supreme Court March 28, 1934 No. 24233

    The general rule is that where one who has suffered personal injuries by reason of the negligence of another exercises reasonable care in securing the services of a competent physician or surgeon, and his injuries are thereafter aggravated

    or increased by the negligence, mistake, or lack of skill of such physician or surgeon, the law regards the negligence of the wrongdoer in causing the original injury as the proximate cause of the damages flowing from the subsequent

    At the time of his injury H. was free from contributory negligence. Immediately after his injury he employed a physician of ‘good standing and reputation,’ placed *85 himself under his treatment, and followed his directions.

  11. Bowman v. Davis
    356 N.E.2d 496 Ohio Supreme Court November 3, 1976 No. 75-898

    Although the hospital consent form was not an indemnity agreement, it appears to have been designed to release the hospital and attending physicians from, the consequences of their negligence.

    Nowhere does the form mention release from liability for negligence. Instead- it merely speaks of absolving the hospital and attending physicians from the' “unfavorable results” of sterilization.

    Actions for “wrongful life” are brought by children claiming damages due to the negligent failure of physicians to sterilize their parents.

  12. Berdyck v. Shinde
    613 N.E.2d 1014 Ohio Supreme Court June 30, 1993 No. 91-2558

    Second, does, negligence on the part of the attending physician necessarily relieve the hospital of liability for a breach of the nurse’s duty of care?

    Thus, we hold that the intervening negligence of an attending physician does not absolve a hospital of its prior negligence if both co-operated in proximately causing an injury to the patient and no break occurred in the chain of causation

    In order to break the chain, the intervening negligence of the physician must be disconnected from the negligence of the hospital and must be of itself an efficient, independent, and self-producing cause of the patient’s injury.

  13. 1994 Ohio 519 Ohio Supreme Court March 15, 1994 No. 1992-2194

    Hospitals—Physicians and surgeons—Malpractice—Hospital may be held liable under the doctrine of agency by estoppel for the negligence of independent medical practitioners operating in the hosptial, when.

    Kimberly was pronounced dead at 11:16 a.m. that morning at Southview, allegedly as a proximate result of negligent medical care provided by Dr. Thomas Mucci, D.O., the emergency-room physician on duty at Southview.

    those independent physicians. {¶ 33} In Cooper v.

  14. Berdyck v. Shinde
    1993 Ohio 183 Ohio Supreme Court June 29, 1993 No. 1991-2558

    , such act is not excluded from nurse's duty, when -- Intervening negligence of attending physician does not absolve hospital of its prior negligence, when. 1.

    The intervening negligence of an attending physician does not absolve a hospital of its prior negligence if both co-operated in proximately causing an injury to the patient and no break occurred in the chain of causation between

    In order to break the chain, the intervening negligence of the physician must be disconnected from the negligence of the hospital and must be of itself an efficient, independent, and self-producing cause of the patient's injury

  15. 73 Ohio St. 3d 391 Ohio Supreme Court August 30, 1995 No. 94-873

    “Indemnification is not allowed when the two parties are joint or concurrent tortfeasors and are both chargeable with actual negligence.” Reynolds v. Physicians Ins.

    In Travelers, an employee was injured due to his employer’s negligence. The employee’s treating physician aggravated the injury.

    Thus, the court found that a tortfeasor had a right to indemnity from a physician who negligently caused a new injury or aggravated the existing injury during the course of his treatment of the injury caused by the tortfeasor.

  16. 623 N.E.2d 30 Ohio Supreme Court December 8, 1993 No. 92-1545

    *17 Accordingly, we conclude that in a medical malpractice action against two physicians alleging negligence in the medical care and treatment of a patient, there is no implied contract of indemnity when no relationship existed between

  17. 2010 Ohio 3299 Ohio Supreme Court July 21, 2010 No. 2009-1649
    Cited by 24 Dissent · Stratton

    There is no independent claim of negligence against Associated Physicians of MCO, Inc. (“Associated”). It is a derivative claim. {¶ 35} The parties conceded that Dr.

    Temesy-Armos’s employment status at the time of the alleged negligence — whether a state employee or a private physician.

    It is significant that Sawicki’s complaint alleges negligence against the state-employed doctor and only derivative liability against Associated.

  18. 449 N.E.2d 438 Ohio Supreme Court June 8, 1983 No. 82-833

    The legislature, however, did not provide that the time of accrual was when the physician performed the negligent act. This court did. The legislature left the matter undetermined.

    224 , 243 A. 2d 745 , wherein the Supreme Court of Rhode Island at page 238 states: “* * * It would appear from the modern trend towards the application of the discovery rule, that courts are beginning to conclude that only the negligent

    physician is protected by the strict interpretation of the statute of limitations in malpractice cases at the cruel expense of the public and of the competent physician.

  19. Wyler v. Tripi
    267 N.E.2d 419 Ohio Supreme Court February 24, 1971 No. 69-611

    The physician is said to be negligent not only in his initial act, but also in allowing the object to remain in the patient’s body while the patient is still under his care.

    In some jurisdictions, the statute of limitations does not begin to run until discovery of the negligently caused condition, if the physician has fraudulently concealed his negligent conduct. E. g., Crossett Health Center v.

    Finally, a few jurisdictions have expanded the fraudulent concealment doctrine by finding constructive fraudulent concealment in the failure of the physician to inform the patient of the negligence, where the physician knew or should

  20. Frysinger v. Leech
    512 N.E.2d 337 Ohio Supreme Court August 12, 1987 No. 86-593
    Cited by 179 Concurrence · Locher

    Thus, it has been my understanding that when one discovers that he or she has been experiencing pain or discomfort as a result of a negligent act by a physician, he or she has then discovered that he or she has been “injured.”

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