Haskins v. 7112 Columbian, Inc.
2014 Ohio 4154
Ohio Ct. App.2014Background
- Plaintiff David Haskins, co-administrator of Minnie Haskins’ estate, sued Valley Renaissance (a nursing home) after two employees allegedly broke Minnie's left femur while changing bed sheets on July 29, 2011.
- Minnie was a long-term, bedfast patient who weighed 300–400 pounds and later died in March 2012; the complaint was filed September 10, 2012.
- Valley Renaissance moved for judgment on the pleadings under Civ.R. 12(C), asserting the claim is a "medical claim" under R.C. 2305.113(A) and thus barred by the one-year statute of limitations.
- The trial court granted the motion and dismissed the complaint; the appellant appealed the dismissal.
- The appellate court considered only the pleadings and reasonable inferences favoring the nonmoving party in assessing whether the claim arises from "medical diagnosis, care, or treatment."
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the negligence claim arising from changing bed linens is a "medical claim" subject to R.C. 2305.113's one-year limitation | The injury was caused by ordinary negligence during a routine chore (changing sheets), not medical diagnosis, care, or treatment; therefore a two-year ordinary negligence statute applies | The injury occurred in a nursing home and thus arose from medical care by a home/employee, invoking the one-year medical-claim limitation | The pleadings allege ordinary negligence, not necessarily medical care; on a Civ.R. 12(C) motion dismissal was improper — reversed and remanded |
Key Cases Cited
- Browning v. Burt, 66 Ohio St.3d 544 (Ohio 1993) ("care" means prevention or alleviation of a physical or mental defect or illness; interpret narrowly for medical-claim statute)
- Rome v. Flower Mem. Hosp., 70 Ohio St.3d 14 (Ohio 1994) (acts ancillary to physician-ordered procedures — e.g., securing patient for x-ray or transport to therapy — constitute medical care)
- Love v. Port Clinton, 37 Ohio St.3d 98 (Ohio 1988) (statute-of-limitations period depends on the actual nature/subject matter of the claim, not form of pleading)
- Balascoe v. St. Elizabeth Hosp. Med. Ctr., 110 Ohio App.3d 83 (7th Dist. 1996) (patient's fall while walking to bathroom not a medical claim even though nurse assistance was requested)
- Hill v. Wadsworth-Rittman Area Hosp., 185 Ohio App.3d 788 (9th Dist. 2009) (injury while being escorted in a wheelchair unrelated to a test or treatment is not a medical claim)