Niehaus v. Durrani
2023 Ohio 4818
| Ohio Ct. App. | 2023Background
- Veronica Yeakle was evaluated by Dr. Abubakar Atiq Durrani in 2013 after a knee-related fall; Dr. Durrani diagnosed spinal issues and recommended surgery.
- Dr. Durrani scheduled the surgery, but on the surgery day, Dr. Nael Shanti (another CAST surgeon) performed it instead.
- Post-surgery, Yeakle experienced worsening back pain; she alleged the surgery was unnecessary, arguing her knee issue was due to a meniscus tear, not a spinal problem.
- Yeakle sued Dr. Durrani and his practice (CAST), asserting claims including medical negligence, lack of informed consent, and fraudulent misrepresentation; the jury found for Yeakle on some claims.
- Post-trial, Durrani sought a directed verdict and a new trial, arguing legal and evidentiary errors; the trial court denied these except for a setoff based on hospital settlement.
- On appeal, the court addressed multiple errors and ultimately reversed in part, ordering a new trial due to prejudicial evidence and directed verdict on the lack of informed consent claim.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Medical negligence liability for Durrani | Durrani recommended and planned the surgery, thus liable | Only Shanti performed the surgery; Durrani cannot be liable | Durrani owed duty and can be liable due to physician-patient relationship and direct involvement |
| Lack of informed consent liability | Durrani failed to secure valid informed consent | Shanti obtained consent; Durrani not responsible after substitution | Shanti’s attempt to obtain informed consent broke chain; Durrani not liable for this claim |
| Improper evidentiary rulings | Admissible evidence; Durrani's credibility material | Video collage and other evidence were unfairly prejudicial | Admission of prejudicial video (collage) was error; new trial required |
| Jury instruction on superseding causation | Shanti was not independent; instruction not warranted | Shanti’s independent actions broke chain of causation | Refusal to instruct was not error; proposed instruction was incomplete and misleading |
Key Cases Cited
- White v. Durrani, 168 N.E.3d 597 (1st Dist. 2021) (no liability for surgeon not performing/recommending the procedure)
- Walls v. Durrani, 2021-Ohio-4329 (1st Dist.) (distinction on causation when patient follows different medical advice)
- Setters v. Durrani, 164 N.E.3d 1159 (1st Dist. 2020) (standard for judgment notwithstanding the verdict and new trial motions)
- Cascone v. Herb Kay Co., 6 Ohio St.3d 155 (Ohio 1983) (intervening/superseding causation standard)
- Berdyck v. Shinde, 66 Ohio St.3d 573 (Ohio 1993) (clarifying disconnection requirement for intervening cause)