Bartley v. Hearth & Care of Greenfield, L.L.C.
2013 Ohio 279
Ohio Ct. App.2013Background
- Bartley admitted to Hearth and Care of Greenfield, LLC for rehabilitation after May 2010 surgery; anemia developed May 10–12, 2010 and care allegedly inadequate.
- Bartley sued Hearth and Care on April 30, 2012 alleging violation of R.C. 3721.13 and loss of consortium.
- Trial court granted Civ.R. 12(B)(6) dismissal as time-barred under the one-year medical-claim statute.
- Appellants argued the claim was personal injury and a resident-rights violation, not a medical claim.
- Court held the claims arose from medical treatment and are medical claims under R.C. 2305.113(E)(3), subject to the one-year statute.
- Court affirmed dismissal as time-barred and rejected amendments as a remedy.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the claim is a medical claim. | Bartley argues not a medical claim. | Hearth asserts it is a medical claim. | Medical claim; time-barred. |
| Whether the complaint alleging resident rights falls under medical-claims statute. | Bartley asserts rights-based claim not medical. | Hearth asserts medical-claim scope includes such claims. | Medical claims scope includes this claim; time-barred. |
| Whether the court should allow amendment before dismissal. | Plaintiffs should be allowed to amend. | No amendment sought or granted. | No error; no amendment filed. |
| Whether all nursing-home claims are automatically medical claims. | Constitutional challenge to automatic medical-claim labeling. | Court never held all nursing-home claims are medical. | Not an automatic rule; factual medical-care basis required. |
Key Cases Cited
- Lombard v. St. Vincent Hosp. & Med. Ctr., 69 Ohio St.2d 471 (Ohio 1982) (distinction between malpractice and medical claims; both under one-year statute)
- Estate of Stevic v. Bio-Medical Application of Ohio, Inc., 121 Ohio St.3d 488 (Ohio 2009) (defines medical claim under statute)
- Tisdale v. Toledo Hosp., 197 Ohio App.3d 316 (Ohio 2012) (nurses as medical-claims participants; care-related claims fall under medical claims)
- Hocking Conservancy Dist. v. Dodson-Lindblom Assoc., Inc., 62 Ohio St.2d 195 (Ohio 1980) (statutory framework for medical claims vs. malpractice)
- Swanson v. Boy Scouts of Am., 2008-Ohio-1692 (Ohio 4th Dist.) (Civ.R. 12(B)(6) standards; time-bar determinations on face of complaint)
- Perrysburg Twp. v. Rossford, 103 Ohio St.3d 79 (Ohio 2004) (standard for granting dismissal on statute of limitations grounds)
- Estep v. State, 2009-Ohio-4349 (Ohio 4th Dist.) (Civ.R. 12(B)(6) review when statute-of-limitations issue shown on face of complaint)