2016 Ohio 1260
Ohio Ct. App.2016Background
- Rosalyn Christian arrived at Kettering Medical Center’s emergency department on Dec. 30, 2012 for symptoms of hemorrhaging and was driven there by a friend, Holly Hall.
- Hall asked hospital staff for assistance getting Christian out of the vehicle; RN John Glenn brought a wheelchair and attempted a transfer, during which Christian fell and was injured.
- Christian filed suit on Oct. 9, 2014 alleging negligence and negligent supervision/training; defendant moved to dismiss and later for summary judgment, asserting the claims were “medical claims” subject to a one-year statute of limitations (R.C. 2305.113).
- The trial court denied the initial 12(B)(6) dismissal but granted summary judgment after reviewing Glenn’s affidavit that the transfer required professional skill and was ancillary to medical care.
- Christian moved under Civ.R. 56(F) for more discovery (to depose Glenn and obtain other evidence); the trial court denied the continuance and awarded summary judgment to Kettering on statute-of-limitations grounds.
- The appellate court reversed: it held that transferring Christian from a private vehicle to a wheelchair was too attenuated from medical diagnosis/care to be a "medical claim," and remanded for further proceedings. One judge concurred (questioning denial of the Civ.R. 56(F) ruling); one judge dissented.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the negligence claims are "medical claims" under R.C. 2305.113 | Christian: transfer from vehicle to wheelchair was not part of physician-ordered diagnosis/care and thus a ordinary negligence claim with a two-year statute | Kettering: transferring a prospective patient into the hospital is ancillary to and an inherently necessary part of medical care, requiring professional skill; thus one-year limitation applies | Reversed trial court: transfer was too attenuated from diagnosis/care to constitute a "medical claim"; one-year statute did not apply |
| Whether the trial court abused discretion by denying Civ.R. 56(F) continuance | Christian: needed to depose Glenn and complete discovery to oppose summary judgment on the statute-of-limitations issue | Kettering: plaintiff had affidavits and did not identify needed facts; delay to the court schedule was unreasonable | Appellate majority: no abuse of discretion in denying the Civ.R. 56(F) motion (but concurrence found the denial possibly problematic and unnecessary to decide) |
Key Cases Cited
- Rome v. Flower Mem. Hosp., 70 Ohio St.3d 14 (1994) (hospital employee’s negligent use of equipment ancillary to ordered treatment can be a "medical claim")
- Browning v. Burt, 66 Ohio St.3d 544 (1993) (defines “care” as prevention or alleviation of illness and warns against overbroad interpretation)
- Long v. Warren Gen. Hosp., 121 Ohio App.3d 489 (1997) (transport to diagnostic testing held ancillary to treatment; medical-claim characterization)
- Zivich v. Mentor Soccer Club, Inc., 82 Ohio St.3d 367 (1998) (summary judgment standard explained)
- Dresher v. Burt, 75 Ohio St.3d 280 (1996) (party opposing summary judgment must present specific facts by affidavit or other evidence)