The Ohio Supreme Court recently ruled that a doctor was not immune from being sued simply because a medical student was observing on the day of the alleged malpractice. The lower court ruled against Dr. Marek Skoskiewicz, who argued that he was acting as an “arm of the state” because a medical student from a public school, University of Toledo College of Medicine, was present in the room. Medical malpractice attorneys say that Skoskiewicz is a private doctor who was performing surgery in a private hospital, Henry County Hospital, on a private patient, Larry Engel, Jr.
Supreme Court Says Doctor can not Hide Simply Because he was a Volunteer
Justice Paul Pfeifer wrote in his opinion, “Dr. Skoskiewicz and many other volunteer clinical faculty in Ohio provide an important service. But that service, however commendable, does not transform the volunteers behind it into an arm of the state.” Lawyers believe that this ruling ensures that the medical school is not legally liable for the doctor’s medical negligence. There was no contract of employment between the doctor and the school and medical malpractice attorneys say that this program simply allowed students to rotate through one-month clerk-ships. It is very important that young men and women entering the medical field get an opportunity to train with and study under doctors who have been in the operating room for a number of years. However, the doctor was still in control of the procedure and he was still the one who in the end was responsible for the medical malpractice injury to Mr. Engel. Doctors who commit malpractice should not be able to hide behind a medical school merely because students are sitting in on an operation.
Medical Malpractice Attorneys in New Jersey and Philadelphia
If you or a family member has recently been the victim of medical negligence, it is possible that you would like to speak with our professionals. Please contact the Mininno Law Office for a free case evaluation, or call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.