Ries v. Ohio State University Medical Center
137 Ohio St. 3d 151
| Ohio | 2013Background
- Ries and McNew sue OSU Medical Center and Husain for negligence after McNew’s death from thrombocytopenia following treatment at OSU Clinic East.
- Husain is a state employee, also contracted with OSUP, a nonprofit medical-practice corporation.
- OSU employment contract requires clinical care duties and participation in the College Central Practice Group/OSUP.
- OSUP bills for faculty services; faculty duties include patient care, with or without student involvement.
- Court of Claims determines immunity under R.C. 9.86 and 2743.02(F); appeal follows Court of Claims decision and appellate ruling affirming immunity.
- Major issue: whether dual-status physician immunity extends to care provided outside presence of students/residents.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether dual-status physicians are immune when treating patients without students present | Ries argues education-related duties must accompany negligent care; private-practice segment not immune | OSU maintains Husain acted within state employment scope, treating patients falls under duties | Immunity applies; treatment within scope of state employment |
| What constitutes scope of employment for a physician with dual private and state roles | Duties limited to education; private-practice separate from state duties | Duties defined by state employment; clinical care advances state interests | Scope defined by state's interests and duties; patient care within state employment scope |
| Does OSUP/private-practice arrangement affect immunity when university directs care | Private practice arrangement should negate state immunity if care occurs outside teaching | Dual duties may still be within scope; finances do not determine immunity | Not determinative; immunity turns on whether conduct furthers state interests at time of injury |
Key Cases Cited
- Theobald v. Univ. of Cincinnati, 111 Ohio St.3d 541 (2006-Ohio-6208) (scope of employment depends on duties and state interests; dual status allowed immunity when within state duties)
- Sawicki v. Lucas Cty. Court of Common Pleas, 126 Ohio St.3d 198 (2010-Ohio-3299) (physician may serve two masters; immunity possible when within scope for both employers)
- Conley v. Shearer, 64 Ohio St.3d 284 (1992) (scope of employment defined by duties that advance the state's interests)