Latham v. Ohio State University Hospital

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 by estoppel was not applicable. Hence, the Ohio Court of Claims rendered judgment in favor of appellee.

Appellant has appealed the court’s…