BERDYCK v. SHINDE

No. 91-2558.

66 Ohio St.3d 573 (1993)

BERDYCK, APPELLEE, v. SHINDE, APPELLEE; H.B. MAGRUDER MEMORIAL HOSPITAL, APPELLANT.

Supreme Court of Ohio.

Decided June 30, 1993.


Attorney(s) appearing for the Case

Jack M. Lenavitt, L.P.A., and Mark L. Schumacher, for appellee Donna Berdyck.

Jacobson, Maynard, Tuschman & Kalur, James M. Tuschman, Nancy D. Moody and Janis L. Small, for appellee S.G. Shinde, M.D.

Manahan, Pietrykowski, Bamman & DeLaney, William F. Pietrykowski and H. William Bamman; Robison, Curphey & O'Connell and E. Thomas Maguire, for appellant H.B. Magruder Memorial Hospital.

Cloppert, Portman, Sauter, Latanick & Foley, Russell E. Carnahan and David G. Latanick, for amicus curiae, Ohio Nurses Association.


GRADY, J.

This case presents two issues for determination. First, what is the duty of care owed by a nurse to a patient who is admitted under the care of an attending physician to a hospital at which the nurse is employed? 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?

Our review in this case is governed by the standard for granting a motion for summary...

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