Cobbin v. Cleveland Clinic Found., 143 N.E.3d 1155

Anne Cobbin underwent revision knee surgery at the Cleveland Clinic and allegedly was dropped by hospital staff; she was seen by Dr. Jason Ho overnight and discharged without an X‑ray. An X‑ray days later showed closed nondisplaced tibia and fibula fractures.
Plaintiffs (Anne and James Cobbin) sued the Cleveland Clinic and Dr. Ho for failure to diagnose/treat the fracture and for loss of consortium; they did not name any nurses or other hospital employees as defendants.
At trial plaintiffs’ expert testified that Dr. Ho deviated from the standard of care by not ordering an X‑ray; plaintiffs did not present expert testimony establishing nurses’ standard of care or negligence.
During jury deliberations the jury asked whether it could find the Clinic negligent if it found Dr. Ho not negligent; the trial court answered no, stating the Clinic’s liability depended on Dr. Ho’s negligence.
The jury returned a defense verdict; plaintiffs moved for a new trial arguing the court’s answer was erroneous because the Clinic could be vicariously liable for unnamed nurses’ negligence.
The trial court denied the motion for a new trial; the appellate court affirmed, concluding plaintiffs failed to prove any nurse breached an applicable standard of care and that only doctors at the Clinic could order X‑rays.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court erred in telling the jury the Clinic could not be liable unless Dr. Ho was found negligent	Cobbin: The Clinic can be vicariously liable for negligent nurses (failure to relay request for X‑ray) even if nurses were not named; jury could find Clinic negligent despite no finding against Dr. Ho	Clinic: Plaintiffs sued Dr. Ho and the Clinic for failure to diagnose/order X‑ray; nurses were not alleged or proven negligent and only physicians can order X‑rays at the Clinic	Court: No error — plaintiffs presented no expert proof of nurse negligence or applicable nursing standard; Clinic liability depended on physician (Dr. Ho) negligence; affirm denial of new trial

Berdyck v. Shinde, 66 Ohio St.3d 573, 613 N.E.2d 1014 (explains standards for nursing negligence and need for expert testimony when professional skill/judgment is at issue)
Albain v. Flower Hosp., 50 Ohio St.3d 251, 553 N.E.2d 1038 (nurses may not make medical diagnoses or prescribe medical treatment)
Ramage v. Central Ohio Emergency Serv., Inc., 64 Ohio St.3d 97, 592 N.E.2d 828 (expert testimony required to establish standard of care and breach for professional nursing negligence)
Natl. Union Fire Ins. Co. v. Wuerth, 122 Ohio St.3d 594, 913 N.E.2d 939 (a firm cannot directly commit professional malpractice; vicarious liability depends on primary liability of principals/associates)
Klema v. St. Elizabeth’s Hosp. of Youngstown, 170 Ohio St. 519, 166 N.E.2d 765 (discusses hospital liability for employees)
Jones v. Hawkes Hosp. of Mt. Carmel, 175 Ohio St. 503, 196 N.E.2d 592 (example where jury could decide negligence regarding unattended patient falls without expert testimony)
Burks v. Christ Hosp., 19 Ohio St.2d 128, 249 N.E.2d 829 (similar to Jones on common‑knowledge negligence such as unattended bed‑falls)