Lownsbury v. VanBuren

Rebecca Fabich (plaintiff), the adopted daughter of Mary and Gerald Fabich (plaintiffs), was born with brain damage. Rebecca’s biological mother, Cathy Lownsbury, was given prenatal care at Akron City Hospital (the hospital). Cathy signed a consent form indicating that she would be under the attending physician’s professional care and that hospital residents would participate in the medical treatment under supervision. After seeing the results of a test administered to Cathy, a hospital doctor ordered the obstetrics residents to induce labor. Instead of inducing labor, the residents performed further tests that revealed signs of fetal distress. However, the part of the test that was reviewed did not show any signs of distress. Cathy was discharged by the obstetrics residents. The Fabichs sued Dr. Thomas Stover (defendant), the hospital’s supervising obstetrician, claiming that Stover’s negligence in failing to supervise the obstetrics residents was a proximate cause of Rebecca’s brain damage. Stover was an employee of East Market Street Obstetrical-Gynecological, Co., Inc. (EMS), which contracted with the hospital to provide obstetrical and gynecological services to patients and services consistent with the hospital’s residency program. Stover argued that he had no duty to Rebecca or to Cathy because he had not been Cathy’s physician. EMS physicians and hospital residents testified that Stover did not have responsibility for a hospital patient until he was contacted by a resident. The Fabichs presented testimony from medical experts stating that Stover did have a responsibility as the supervising physician to review Cathy’s tests and formulate a management plan. The trial court granted Stover’s summary-judgment motion. The court of appeals upheld the decision, holding that a contractual agreement to serve in a supervisory capacity was not sufficient to establish a physician-patient relationship. The Fabichs appealed.