Rex v. Univ. of Cincinnati College of Medicine
2013 Ohio 5110
Ohio Ct. App.2013Background
- Rex, a plaintiff-appellant, sues UC College of Medicine in a medical malpractice action in the Court of Claims of Ohio.
- Rex underwent a May 12, 2008 robotic wide excision radical prostatectomy; he had a history of atrial fibrillation and prior DVTs on Coumadin.
- Before surgery, Bracken bridged with Lovenox after stopping Coumadin, to be given for nine doses at 1.45 mg/kg twice daily.
- Rex experienced massive intraoperative bleeding (~2.3 liters) and post-operative ischemic optic neuropathy affecting his vision.
- The Court of Claims magistrate found, and the trial court adopted, that Rex failed to prove Bracken’s preoperative/surgical care fell below standard of care or that any negligence proximately caused the eye injury.
- Rex appeals on hearsay, discovery, and manifest-weight-of-the-evidence grounds while the Court of Claims found no proximate causation and affirmed the decision.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admission of Bracken’s testimony about internists’ input | Rex argues the hearsay about the two internists should have been excluded | UCCM contends the testimony is a verbal act, not hearsay | Overruled? (The court treated the statements as verbal acts, not hearsay) |
| Civ.R. 26(E)(2) discovery response issue | Rex contends Bracken failed to correct discovery responses | UCCM says any violation was harmless given causation. | Moot due to the trial court’s causation ruling and harmlessness finding |
| Manifest weight of the evidence | Evidence supported Rex’s claims of negligence | Record supports the trial court’s finding no proximate causation | Affirmed; the evidence supported the trial court’s judgment |
Key Cases Cited
- Seasons Coal Co. v. Cleveland, 10 Ohio St.3d 77 (Ohio Supreme Court 1984) (standard for reviewing manifest-weight challenges; deference to the trier of fact)
- C. E. Morris Co. v. Foley Const. Co., 54 Ohio St.2d 279 (Ohio Supreme Court 1978) (establishes weight-of-evidence review framework)
- State v. Thomas, 70 Ohio St.2d 79 (Ohio Supreme Court 1982) (credibility and weight of testimony are for the trier of fact)