Christian v. Kettering Med. Ctr. — Mar. 2016 (Summary)

NEGLIGENCE/STATUTE OF LIMITATIONS

Christian v. Kettering Med. Ctr.
No. 26717 (Ohio Ct. App. Mar. 25, 2016)

The Court of Appeals of Ohio reversed and remanded a lower court’s grant of summary judgment to a medical center.  The summary judgment denied a patient’s negligence claim based on statute of limitation grounds, i.e., that the claim was not timely filed.

This litigation arose from a patient who went to the emergency department of the medical center for symptoms of hemorrhaging. Upon arriving at the hospital, the patient’s friend (and driver) went inside and requested help with getting the patient out of the vehicle. A registered nurse then attempted to transfer the patient from the car to a wheelchair. The attempt was unsuccessful and the patient ended up on the ground, suffering injuries to her Achilles tendon and foot. The patient then filed suit for negligence and negligent supervision and training.

The medical center moved for summary judgment and claimed that the patient’s allegations amounted to a “medical claim,” and that her action was filed beyond the one-year statute of limitations. The trial court’s decision to grant summary judgment was based on its understanding of what constitutes a “medical claim,” and that transporting a patient fell within that defined term. The court of appeals disagreed, stating that the act of transferring the patient from the vehicle to a wheelchair was too attenuated from the actual receipt of a diagnosis and medical treatment to constitute a “medical claim.”