This Note will examine the court's rationale in Hannola v City of Lakewood and the previous leading Ohio case on emergency room care, Cooper v. Sisters of Charity. This Note will similarly examine "control" tests of employment, the concept of apparent authority and the series of cases on independent duty of care which have been decided in the eleven years between Cooper and Hannola. It is the conclusion of this Note that the Hannola decision is more consistent with the realities of employment and service in the health care industry, and that the public policy arguments presented by the court require significant modifications in decisional rationale for medical negligence cases.
Note, Judicial Recognition of Hospital Independent Duty of Care to Patients: Hannola v. City of Lakewood, 30 Clev. St. L. Rev. 711 (1981)