2020 Ohio 129
Ohio Ct. App.2020Background
- In Jan. 2013 David Stuck underwent surgery at Miami Valley Hospital; while hospitalized he developed pressure ulcers and was treated by consulting wound specialists. He was readmitted in Feb. 2013 with sepsis and Stage IV decubitus ulcers.
- Stuck sued MVH, Premier Health Partners, treating physicians, and wound‑care providers, asserting medical negligence and requesting declaratory relief that in‑hospital "Never Events"/"Hospital Acquired Conditions" (HACs) constitute negligence per se, strict liability, or permit application of res ipsa loquitur.
- The Medical Defendants moved for partial summary judgment seeking dismissal of that declaratory claim; the trial court granted partial summary judgment against Stuck and certified the order under Civ.R. 54(B).
- Stuck appealed the partial summary judgment; the defendants cross‑appealed the Civ.R. 54(B) certification and moved to strike certain appendices to Stuck’s brief.
- The appellate court (2d Dist.) denied most strike requests in part, affirmed the trial court’s dismissal of the declaratory claim, and found the cross‑appeals about certification without merit.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the occurrence of a "Never Event" or HAC alone establishes negligence per se, strict liability, or permits res ipsa loquitur | Stuck: occurrence of a Never Event/HAC should be treated as negligence per se or strict liability, or at least eliminate causation (res ipsa loquitur) | Defendants: federal reimbursement rules do not create a new private cause‑of‑action standard; plaintiffs must still prove standard of care, breach, and causation | Court: No. Occurrence of a Never Event/HAC alone does not substitute for proof of standard of care, breach, or causation; declaratory relief seeking to impose negligence per se/strict liability/res ipsa was properly dismissed. |
| Whether federal law (42 U.S.C. §1395ww) created a standard of care for malpractice actions, and whether 42 U.S.C. §18122 (2015) demonstrates retroactive change | Stuck: §1395ww altered the standard of care; §18122’s clarifying language shows §1395ww previously had that effect | Defendants: §1395ww and related CMS policies govern reimbursement/quality incentives, not private malpractice standards; §18122 simply clarifies that federal guidelines do not establish the legal standard of care | Court: §1395ww was aimed at reimbursement incentives and did not create a new standard of care for private malpractice claims; §18122 is a clarification, not evidence that §1395ww had previously changed malpractice law. |
| Whether the trial court erred by not considering Stuck’s expert testimony on the relevance of Never Events to the standard of care | Stuck: he had expert testimony showing Never Events bear on the standard of care and the court ignored it | Defendants: even with expert evidence, the declaratory request sought a legal rule (strict liability/negligence per se) inappropriate as a matter of law | Court: The declaratory claim sought a legal change that occurrence of a Never Event removes elements of negligence; expert proof of standard/breach is irrelevant to that legal request, so dismissal was proper. |
| Whether Civ.R. 54(B) certification of the trial court’s partial summary judgment was improper | Defendants (cross‑appellants): certification was improper and appeal should be dismissed | Plaintiff: certification permitted immediate appeal | Held: Cross‑appeals lack merit; prior appellate denials resolved the certification challenge and appeal proceeds. |
Key Cases Cited
- Cromer v. Children’s Hosp. Med. Ctr. of Akron, 29 N.E.3d 921 (Ohio 2015) (summarizes elements of medical negligence and need for expert standards evidence)
- Bruni v. Tatsumi, 346 N.E.2d 673 (Ohio 1976) (defines medical standard of care as that exercised by ordinarily skillful medical professionals)
- Dresher v. Burt, 662 N.E.2d 264 (Ohio 1996) (sets movant and nonmovant burdens on summary judgment)
- Cyan, Inc. v. Beaver County Emps. Retirement Fund, 138 S. Ct. 1061 (U.S. 2018) (Congress unlikely to effect major changes by implication; statutory interpretation caution against inferring hidden substantive changes)
- Dieser v. St. Anthony’s Med. Ctr., 498 S.W.3d 419 (Mo. 2016) (affirmed that occurrence of a Never Event does not convert malpractice into strict liability and jury must be instructed on standard of care)