Ohio Supreme Court grants state-employee immunity against malpractice suits to physicians affiliated to state university medical schools

October 21, 2013

Ries v. Ohio State University Medical Center— N.E.2d —, 2013 WL 5647636 (Ohio 2013)

The Ohio Supreme Court held that that a physician who treats a patient within the scope of his employment as a faculty member at OSU Medical School has a state-employee immunity from personal liability for medical malpractice. As a result, the aggrieved patient can only sue the state of Ohio in the special Court of Claims, where the state’s liability for the physician’s malpractice will be determined in a bench trial.