McDill v. Sunbridge Care Ents., Inc., 2013 Ohio 1618

McDill sued Sunbridge facilities for injuries as a patient in November 2009.
She allegedly was assisted by two aides to use the bathroom and wash her hands.
She fell and injured herself while washing hands at a sink after bathroom use.
Defendants moved to dismiss under Civ.R. 12(B)(6) alleging a medical-claim statute of limitations.
Plaintiff conceded no one-year medical claim deadline was filed but argued the claim was not a medical claim.
Trial court granted dismissal March 6, 2012; appellate review followed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the claim is a medical claim under R.C. 2305.113(E)(3).	McDill argues no medical claim; injury not from diagnosis, care, or treatment.	Sunbridge contends injury arose from medical staff following care instructions.	No; court held the claim did not arise from medical diagnosis, care, or treatment.
Whether the complaint on its face shows time-barred medical-claim.	McDill asserts not a medical claim, so not time-barred.	Appellees claim the complaint plainly indicates a medical claim.	The complaint does not plainly indicate a medical claim; remanded for further proceedings.

Browning v. Burt, 66 Ohio St.3d 544 (Ohio 1993) (defines care as relief of a defect or illness and limits broad interpretation)
Rome v. Flower Mem. Hosp., 70 Ohio St.3d 14 (Ohio 1994) (medical claim includes negligent hospital employee use of equipment)
Conkin v. CHS-Ohio Valley, Inc., 2012-Ohio-2816 (1st Dist. 2012) (factors for distinguishing medical vs. non-medical claims; not binding here)
Hill v. Wadsworth–Rittman Area Hosp., 185 Ohio App.3d 788 (9th Dist. 2009) (discharge-related injury not arising from medical diagnosis, care, or treatment)
Balascoe v. St. Elizabeth Hosp. Med. Ctr., 110 Ohio App.3d 83 (7th Dist. 1996) (bathroom-injury not arising from medical care)
Summers v. Midwest Allergy Associates, 2002-Ohio-7357 (10th Dist. 2002) (non-medical injury during a procedure context)