659 N.E.2d 326 | Ohio Ct. App. | 1995
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *252 This appeal arises from a decision by the Scioto County Court of Common Pleas finding that appellant's claims against appellee Hempstead Manor were barred by the statute of limitations. The record reveals the following facts.
In June 1992, Eleanora Richards fell at her home and was taken to Scioto Memorial Hospital. While at the hospital, Richards injured her elbow and Dr. Marchyn performed surgery on it to correct the problem. Several days later, Richards was released from the hospital, but she reinjured her elbow while being helped into her automobile. As a result, Dr. Marchyn again operated on Richards's elbow. Several days later, Richards was released from the hospital and admitted to Hempstead Manor, the appellee in this appeal.
On August 3, 1992, Richards suffered a fall at Hempstead Manor. Approximately two days later, she was again taken to Dr. Marchyn's office, and when the bandage was removed from her elbow, there was evidence of a severe infection in her arm. Richards was then returned to Hempstead Manor, but the condition of her arm and her overall health evidently deteriorated. However, Hempstead Manor did not contact Richards's physicians or return her to Scioto Memorial Hospital until August 9, 1992. After being admitted to the hospital, her condition seemed to improve, but on August 12, 1992, Richards died.
On February 4, 1994, Karen Sue Evans, as executor of the estate of Eleanora Richards, filed a complaint in the Scioto County Court of Common Pleas alleging medical malpractice and wrongful death against Southern Ohio Medical Center (Scioto Memorial Hospital) and Dr. Duane J. Marchyn. Appellant also filed a negligence and wrongful death action against Hempstead Manor, on the grounds *253 that it negligently failed to obtain medical treatment for Richards in a timely fashion. This appeal involves only the claims against Hempstead Manor.
On August 11, 1993, Hempstead Manor received notice of appellant's intent to sue pursuant to R.C.
Appellant then filed this appeal, alleging the following assignment of error:
"Assignment of error #1: The trial court committed reversible error in granting Hempstead Manor's motion for summary judgment inasmuch as there is a genuine issue of material fact, said defendant is not entitled to judgment as a matter of law, and construing the evidence most strongly in favor of the plaintiff/appellant, reasonable minds can come to more than one conclusion."
In reviewing a summary judgment, the lower court and the appellate court utilize the same standard, i.e., we review the judgment independently and without deference to the trial court's determination. Midwest Specialties, Inc. v. FirestoneCo. (1988),
The only issue before us is whether the trial court properly found that appellant's claims against Hempstead Manor are barred by the statute of limitations. Hempstead Manor argues that because it is a hospital as defined in R.C.
We begin our analysis by noting that when negligence or medical malpractice results in the death of a victim, two distinct causes of action arise. The first is a wrongful death action brought on behalf of the surviving spouse and next-of-kin, and the second is a malpractice or personal injury action, enforced by either the injured person or a representative of the injured person in a survival action. See R.C.
As stated earlier, the trial court granted summary judgment to Hempstead Manor finding that the malpractice claim against it was not filed within the one-year statute of limitations set forth in R.C.
"`Medical claim' means any claim that is asserted in any civil action against a physician, podiatrist, or hospital, against any employee or agent of a physician, podiatrist, orhospital, or against a registered nurse or physical therapist, and that arises out of the medical diagnosis, care, or treatment of any person. * * *" (Emphasis added.) *255
As stated earlier, Hempstead Manor argues that because it is a hospital, the medical claim had to be filed against it within one year after the cause of action accrued. Appellant contends that Hempstead Manor is actually a nursing home, and therefore she is bringing an action in ordinary negligence subject to the two-year statute of limitations found in R.C.
"`Hospital' includes any person, corporation, association, board, or authority that is responsible for the operation of any hospital licensed or registered in the state, including, but not limited to, those which are owned or operated by the state, political subdivisions, any person, any corporation, or any combination thereof. `Hospital' also includes any person, corporation, association, board, entity, or authority that is responsible for the operation of any clinic that employs a full-time staff of physicians practicing in more than one recognized medical specialty and rendering advice, diagnosis, care, and treatment to individuals. * * *"
In a motion for summary judgment, the moving party has the initial burden of establishing that no genuine issue of material fact exists. The bar of the statute of limitations is an affirmative defense, see Civ.R. 8(C), upon which the defendant bears the burden of proof at trial. Velotta v. PetronzioLandscaping, Inc. (1982),
However, even if we were to find that Hempstead Manor is a hospital, we still believe that a genuine issue of material fact exists concerning whether the medical malpractice action was filed within the one-year statute of limitations. R.C.
In a medical malpractice action, the statute of limitations starts to run upon the occurrence of a "cognizable event" which leads or should lead a plaintiff to believe that his or her injury is related to a medical diagnosis, treatment, or procedure, which was previously received. See Flowers v. Walker
(1992),
Judgment reversed and cause remanded.
PETER B. ABELE, P.J., and STEPHENSON, J., concur.