2026-Ohio-829
Ohio Ct. App. 8th2026Background
- Michael Francis underwent hip surgery at a Cleveland Clinic hospital, had elevated surgical risk factors including hemodialysis, then died after cardiac arrest in recovery while monitors were not properly connected. 1
- Antoine Francis sued CCF, later refiled, asserting medical-negligence survivorship and wrongful-death claims and seeking compensatory and punitive damages. 2
- CCF moved for partial summary judgment, arguing the survivorship claim was filed outside the one-year medical-claim limitations period. 3
- Antoine argued a March 2021 notice email and CCF’s acknowledgment extended the deadline 180 days under R.C. 2305.113(B). 4
- The trial court granted partial summary judgment, then granted CCF’s motion in limine barring a loss-of-chance theory because Dr. Grundy’s report did not expressly address it. 5
- The jury found Antoine failed to prove CCF’s negligence directly and proximately caused Michael’s death, and the court entered judgment for CCF. 6
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the survivorship medical claim timely under R.C. 2305.113(B)? 7 | Francis’s March 2021 email notice and CCF’s reply extended the limitations period 180 days. | CCF said certified-mail notice was required and never given, so the claim was untimely. | No; actual notice did not satisfy the statute, so summary judgment was proper. 8 |
| Did the court wrongly bar loss-of-chance expert testimony? 9 | Francis said Dr. Grundy’s report supported a loss-of-chance theory. | CCF argued the report never opined Michael had less than an even chance of survival. | No; the court properly excluded the theory because the report did not disclose it. 10 |
Key Cases Cited
- Grafton v. Ohio Edison Co., 77 Ohio St.3d 102 (Ohio 1996) (summary judgment and de novo review standards 11)
- Roberts v. Ohio Permanente Med. Group, 76 Ohio St.3d 483 (Ohio 1996) (medical-malpractice causation and loss-of-chance doctrine 12)
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (Ohio 1983) (abuse of discretion means unreasonable, arbitrary, or unconscionable action 13)