Cleveland Clinic Allowed To Collect Indemnity for Nurse Contractor’s Negligence

The U.S. District Court for the Northern District of Ohio has ruled that the Cleveland Clinic Health System-East Region (CCH) is “entitled to express indemnity and attorneys’ fees” from Innovative Placements Inc. (IPI), a nurse contractor, whose employee’s alleged negligence contributed to the death of a CCH patient.  Judge James S. Gwin wrote the decision, which found that the contract between CCH and IPI unambiguously stated “IPI ‘shall indemnify’ Cleveland Clinic ‘against all actions … resulting from or claimed to have resulted from any intentional or negligent errors’ of” an IPI employee “‘engaged in the fulfillment of’ the Master Supply Agreement between IPI and CCH.  The Court acknowledged a remaining issue of fact concerning the degree of fault attributable to the IPI employee, but that did not affect CCH’s entitlement to indemnification from IPI.