Berdyck v. Shinde

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 judgment:

“Civ.R. 56(C) specifically provides that before summary judgment may be granted, it must be determined that: (1) no genuine issue as to any…