Baird v. Sickler

This cause presents a novel question in Ohio: is a chief surgeon ever legally accountable for the negligence of an assisting nurse-anesthetist, not directly employed by him? If an operating physician may never be held liable in such a factual context, then the trial court in the instant case acted properly in directing a verdict in favor of the appellant, Dr. Sickler. We find, however, that a chief surgeon’s immunity for the negligent acts of an assisting nurse-anesthetist is not a matter of law and, thus, that the trial court erred in directing the verdict.

Civ. R. 50(A)(4) asserts the test…