Morgan v. Ohio State Univ. College of Dentistry
2014 Ohio 1846
Ohio Ct. App.2014Background
- Morgan sued OSU College of Dentistry in the Court of Claims, asserting dental malpractice and lack of informed consent among other claims.
- March 24, 2006, Morgan sought care at OSU clinics for a toothache and was told a filling replacement and possible root canal on tooth 2 might be needed.
- OSU pre-doctoral clinic began treating four posterior teeth (2, 15, 30, 19); crown plans were discussed but not completed as planned.
- May 8, 2006, Morgan signed a treatment plan for four posterior crowns; patients later received fillings but no crowns in 2006.
- In 2007–2008, Morgan consulted post-graduate clinics; multiple treatment plans were proposed to lengthen anterior teeth, including plans involving braces and crowns; none of these plans were finalized with a signed, binding plan by Morgan.
- In 2010, Morgan filed suit; the Court of Claims found no liability, determining lack of proof of standard of care, causation, and lack of informed consent; the court rejected many post-trial assignments of error and affirmed the judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Morgan proved dental malpractice. | Morgan asserts OSU breached the standard of care. | OSU contends lack of sufficient expert evidence of breach and proximate causation. | No; Morgan failed to prove proximate cause with required expert testimony. |
| Whether Morgan proved lack of informed consent. | Morgan contends material risks were not disclosed. | OSU argues no proven lack of informed consent proximately causing injury. | No; Morgan failed to prove lack of informed consent proximately caused injury. |
| Whether the trial court properly limited expert testimony and preserved error for appeal. | Limitation of Dr. Cagna's testimony prejudice Morgan. | Limitation was in limine; no preserved error as proximate cause wasn’t proven. | Assignment of error regarding the limitation of Dr. Cagna was overruled; error moot without proximate-cause proof. |
Key Cases Cited
- Palmer v. Richland Corr. Inst., 2004-Ohio-6717 (Ohio 10th Dist.) (establishing the standard of care and reliance on expert testimony for dental malpractice)
- Bruni v. Tatsumi, 46 Ohio St.2d 127 (1976) (high standard of care for dentists/physicians; need expert testimony)
- Nickell v. Gonzalez, 17 Ohio St.3d 136 (1985) (informed-consent medical claim requires expert testimony on disclosure and causation)
- White v. Leimbach, 131 Ohio St.3d 21 (2011) (informed consent requires proving material risks and causation; medical claim)
- Stanley v. Ohio State Univ. Med. Ctr., 10th Dist. No. 12AP-999, 2013-Ohio-5140 (Ohio 10th Dist.) (third element of informed-consent analysis; reasonable-person standard)
- Kalusa, 2012-Ohio-6021 (Ohio 10th Dist.) (in limine rulings and preservation of evidentiary issues)