An archaic rule has been modified in Ohio by the Supreme Court decision in Avellone v. St. John's Hospital. However, this decision leaves open the question of whether the Ohio Supreme Court will apply the New York Rule to hospital liability in Ohio, or whether it will apply a less restrictive rule of liability to hospitals in this State. Essentially, the question is whether the hospital will be held responsible for all acts of negligence of its agents occurring within the physical confines of hospital premises, or whether it will be excluded from liability in those instances where the act of negligence was committed by a physician or an agent of the physician on the ground that such physician-practitioner is an independent contractor.
Ellis B. Brannon, Hospital Immunity, 6 Clev.-Marshall L. Rev. 243 (1957)