Roberts v. Falls Family Practice, Inc.
2016 Ohio 7589
Ohio Ct. App.2016Background
- Danielle Roberts underwent a laser hemorrhoidectomy by Dr. McLaughlin on March 28, 2012; she experienced post-op pain and later passed blood per rectum.
- After ED treatment and referral, Dr. Elizabeth Bender performed an examination and, on April 16, 2012, discovered an anoderm thermal injury and performed a diverting colostomy.
- Three days later an iatrogenic bowel obstruction was discovered when Dr. Bender had connected the wrong ends of the colon during the colostomy; she corrected the error and later performed a sphincterotomy for a chronic fissure.
- Appellants Craig and Danielle Roberts sued Dr. McLaughlin, Dr. Bender, and Falls Family Practice for medical malpractice; the jury returned a defense verdict and the trial court entered judgment for defendants.
- On appeal the Roberts raised five assignments of error challenging denial of a directed verdict, certain jury instructions (including contributory negligence), the manifest weight of the verdict, and exclusion of each doctor’s testimony about the other’s standard of care.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Denial of directed verdict | Roberts contends trial court should have directed verdict in plaintiff’s favor (or at least on contributory negligence defense) | Defendants point to competing expert testimony and sufficient evidence for jury to decide | Denial affirmed; plaintiffs waived directed-verdict argument for negligence and jury found no negligence, rendering contributory negligence moot |
| Jury instructions on contributory negligence | Should not have been given because no expert showed Roberts was an active contributing cause | Instruction was legally permissible and supported by evidence; court has discretion | Instruction not reversible error; any error was harmless because jury found defendants not negligent |
| Manifest weight of the evidence | Verdict for defendants is against manifest weight given expert testimony shifting blame between doctors | Jury may accept or reject expert testimony; record supports defense verdict | Verdict not against manifest weight; no miscarriage of justice found |
| Exclusion of cross-standard-of-care testimony (each doctor about the other) | Trial court erred in prohibiting each doctor from testifying about the other’s standard of care | Trial court properly ruled; plaintiffs failed to contemporaneously object or proffer testimony at trial | Exclusion rulings not reviewed on appeal due to forfeiture; assignments overruled (no plain-error argument made) |
Key Cases Cited
- Feterle v. Huettner, 28 Ohio St.2d 54 (1971) (instruction warranted only if record contains evidence from which reasonable minds might reach the conclusion sought)
- Murphy v. Carrollton Mfg. Co., 61 Ohio St.3d 585 (1991) (requested instruction should be given if correct statement of law as applied to facts)
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (1983) (abuse of discretion standard defined)
- Sech v. Rogers, 6 Ohio St.3d 462 (1983) (error in charging contributory negligence is immaterial if jury finds defendant not negligent)
- Hawkins v. Ivy, 50 Ohio St.2d 114 (1977) (directed verdict denied when substantial competent evidence supports party against whom motion is made)
- Guster, State v. Guster, 66 Ohio St.2d 266 (1981) (instructions should address actual issues in the case as posited by evidence)
- Otten, State v. Otten, 33 Ohio App.3d 339 (1986) (standard for finding manifest miscarriage of justice on weight-of-evidence review)