2014 Ohio 4549
Ohio Ct. App.2014Background
- Marotto sued OSU Med Ctr. for birth injuries; Bell, a courtesy staff physician, delivered the baby and treated the private patient alongside OSUMC residents.
- Bell was a Kingsdale-employed physician with malpractice insurance through Kingsdale; he also held a courtesy faculty appointment at OSU and could admit patients to OSUMC.
- Bylaws classify OSUMC medical staff into attending, courtesy, limited, and honorary; courtesy staff may admit patients and supervise residents but with limited privileges.
- Bell admitted Mario Marotto to OSUMC on the night in question under the on-call schedule; he supervised residents during the delivery.
- The Court of Claims denied Bell state immunity; the Tenth District previously remanded for a proper immunity hearing; a July 2013 hearing occurred, after which the magistrate found no immunity, and the Court of Claims adopted that ruling.
- The appellate court ultimately affirmed immunity denial, ruling Bell was not an OSU employee or state agent at the time of injury.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Bell was an OSU state officer or employee under RC 109.36(A)(1)(a). | Bell was an OSU employee due to contractual/empowerment relationship. | OSU did not control Bell's medical practice or grant employee status. | Bell not an OSU employee under 109.36(A)(1)(a). |
| Whether Bell rendered medical services under a personal services contract with a state institution under RC 109.36(A)(1)(b). | Bell had a personal services contract to supervise residents at OSU. | The contract was not for medical services; supervision does not qualify as medical services. | Bell did not render medical services under a personal services contract with the state. |
Key Cases Cited
- Theobald v. Univ. of Cincinnati, 111 Ohio St.3d 541 (2006-Ohio-6208) (discusses scope of immunity under R.C. 9.86 and exclusive jurisdiction of Ct. of Claims)
- Poe v. Univ. of Cincinnati, 2013-Ohio-5451 (2013-Ohio-5451) (two-step analysis for determining state employee status and immunity)
- Phillips v. Ohio State Univ. Med. Ctr., 2013-Ohio-464 (2013-Ohio-464) (employer control and symbiotic relationship considerations in employee status)
- Engel v. Univ. of Toledo College of Medicine, 130 Ohio St.3d 263 (2011-Ohio-3375) (three-factor framework for state employee status; contractual relationship, control, symbiotic relationship)
- Gharibshahi v. State, 2014-Ohio-1529 (2014-Ohio-1529) (courtesy staff status and control not enough for employee status; supervision not medical services)
- Smith v. Ohio State Univ. Hosps., 110 Ohio App.3d 412 (1996-Ohio-) (definition of personal services contract vs. purchased services)