Ohio Supreme Court Rules for Hospital Immunity

State supreme court justices this week upheld lower court rulings that blocked a negligence lawsuit against Ohio State University Medical Center arising out of an attack on a mental health patient at Harding Hospital. In November 1999 a patient at the hospital physically attacked and injured another patient. An attack on a second patient occurred the next day. The injured victim subsequently filed suit claiming the hospital violated her right under a state law to be protected from assault. The Ohio Court of Claims ruled in favor of the medical center after finding that state law required the victim to prove her attacker had made an explicit threat of inflicting harm. The 10th Ohio District Court of Appeals affirmed. Chief Justice Moyer, writing the 5-2 opinion, said the institution may be held liable for harm that results in such cases only if the injured patient establishes liability. "No evidence indicates that an explicit threat of an attack was communicated to the hospital. In fact, (the victim) acknowledged that Patient A did not warn of an attack," Justice Moyer said. As a result, he said, summary judgment was properly granted for the medical center. Concurring were Justices Stratton, O'Connor, O'Donnell, and Lanzinger. Justices Resnick and Pfeifer dissented.