Cromer v. Children's Hosp. Med. Ctr. of Akron
985 N.E.2d 548
Ohio Ct. App.2012Background
- Seth Cromer died in the PICU of Children’s Hospital Akron after emergency room treatment for dehydration and septic shock.
- The hospital’s ER staff administered an incorrect IV fluid (D5 ½ NS) before switching to normal saline; epinephrine was added and later intensified.
- Seth was in shock and acidosis; he was intubated around 2:15–2:25 a.m. and died after a cardiac arrest at 4:05 a.m.
- Disputed evidence concerns whether the hospital timely and properly treated Seth’s septic shock and acidosis.
- Experts differed on whether earlier intubation, timely fluids, and correct fluids would have altered the outcome; the trial court gave a flawed standard-of-care instruction to the jury.
- The jury found for the hospital, and the Cromers sought a new trial; the trial court denied relief.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standard of care instruction error | Cromers argue foreseeability-based duty was incorrect law | Cromers rely on foreseeability? (defendant’s view not explicit) | Reversible error; instruction improper and affected outcome |
| Cromers’ causation and weight of evidence | Cromers contend trial verdict against weight supports new trial | Jury resolution supported by evidence | Moot due to reversal for instructional error |
| Competency of expert witness Parker | Parker qualified as medical expert under Evid.R. 601(D) | Parker lacked half-time active clinical practice | Competency upheld; argument considered moot after reversal |
Key Cases Cited
- Menifee v. Ohio Welding Products, Inc., 15 Ohio St.3d 75 (1984) (duty hinges on foreseeability of injury and relationship between parties)
- Bruni v. Tatsumi, 46 Ohio St.2d 127 (1976) (physician standard of care; expert testimony required to prove deviation)
- Oiler v. Willke, 95 Ohio App.3d 404 (4th Dist. 1994) (duty arises from physician-patient relationship; foreseeability not determinative of duty)
- Berdyck v. Shinde, 66 Ohio St.3d 573 (1993) (duty imposed by special relationships; foreseeability context in professional duties)
- Celmer v. Rodgers, 2007-Ohio-3697 (Ohio Supreme Court, 2007) (Evid.R. 601(D) competency; half-time active clinical practice requirement)
- McCrory v. State, 67 Ohio St.2d 99 (1981) (definition of active clinical practice encompasses work adjacent to patient care)