LATHAM v. OHIO STATE UNIV. HOSP.

No. 90AP-999.

71 Ohio App.3d 535 (1991)

LATHAM, Appellant, v. OHIO STATE UNIVERSITY HOSPITAL, Appellee.

Court of Appeals of Ohio, Franklin County.

Decided March 26, 1991.


Attorney(s) appearing for the Case

Law Offices of James L. Mackin, James L. Mackin and Nan M. Still, for appellant.

Emens, Hurd, Kegler & Ritter Co., L.P.A., William J. Brown, Karl W. Schedler and Timothy T. Tullis, for appellee.


KLINE, Judge.

Plaintiff-appellant, Verena Latham, filed a complaint in the Ohio Court of Claims against defendant-appellee, the Ohio State University Hospital. The complaint alleged that appellee was negligent by failing to properly diagnose and treat appellant's condition.

The Court of Claims never addressed the issue of appellee's negligence, since it found that the treating physician was not an employee or agent of appellee and that the doctrine of agency...

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