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Ohio High Court Extends Legal Malpractice Rulings to Medical Row

Nov. 28, 2022, 3:52 PM

A split Ohio Supreme Court denied a patient’s bid to hold a medical group vicariously liable for an employee’s allegedly negligent conduct, bringing the state’s medical malpractice law in line with its rule for legal malpractice cases.

Generally, employers may be held liable for their employees’ on-the-job negligence under the doctrine of respondeat superior, the Ohio Supreme Court said. But no liability can be imposed on an employer based on an employee’s actions if liability isn’t also imposed on the employee, it said in a closely watched case.

Cynthia Clawson sued Heights Chiropractic Physicians LLC and Don Bisesi, alleging Bisesi ...