Gray v. Cincinnati Children's Hosp. Med. Ctr.
Citations
- 2024 Ohio 3168
Syllabus
SUMMARY JUDGMENT — MEDICAL MALPRACTICE — EXCUSABLE NEGLECT — EXPERT DISCLOSURE — CIV.R. 26 — PRIMA FACIE CASE — COMMON KNOWLEDGE EXCEPTION: Summary judgment was proper where the record showed that plaintiff's attorney had actual notice of the expert disclosure deadline and did not comply, which did not qualify as excusable neglect. Where plaintiff failed to support her medical malpractice claims with expert testimony establishing duty, breach, and causation, the trial court did not err in granting summary judgment in favor of hospital and physicians attending to the child-patient who passed away. A purported expert disclosure that provides only blanket statements by plaintiff's attorney and not opinion testimony by a medical professional did not comply with discovery requirements under Civ.R. 26(B)(7). The common knowledge exception dispensing with the expert testimony requirement in medical malpractice cases was not applicable in a case involving complex medical diagnoses, interventions, treatments, and terminology.
Judges: Kinsley
Read full opinion on CourtListenerCited by
2 cases in this archive cite this case.
Cites
26 cases in this archive are cited by this case; the 20 most cited are listed.
- Link v. Wabash RailroadSupreme Court· 1962-06-25· cited 14,398×
- Village of Grafton v. Ohio Edison Co.Ohio Supreme Court· 1996-11-13· cited 3,715×
- GTE Automatic Electric, Inc. v. ARC Industries, Inc.Ohio Supreme Court· 1976-07-21· cited 2,230×
- Menifee v. Ohio Welding Products, Inc.Ohio Supreme Court· 1984-12-31· cited 1,296×
- Bruni v. TatsumiOhio Supreme Court· 1976-05-05· cited 480×
- Kay v. Marc Glassman, Inc.Ohio Supreme Court· 1996-07-03· cited 452×
- Ramage v. Central Ohio Emergency Services, Inc.Ohio Supreme Court· 1992-06-24· cited 298×
- Doddridge v. FitzpatrickOhio Supreme Court· 1978-01-04· cited 166×
- Berdyck v. ShindeOhio Supreme Court· 1993-06-30· cited 158×
- Cromer v. Children's Hosp. Med. Ctr. of Akron (Slip Opinion)Ohio Supreme Court· 2015-01-27· cited 135×
- Hoffman v. DavidsonOhio Supreme Court· 1987-06-10· cited 65×
- White v. LeimbachOhio Supreme Court· 2011-12-08· cited 62×
- Davis v. Virginian Railway Co.Supreme Court· 1960-01-25· cited 56×
- Burks v. Christ HospitalOhio Supreme Court· 1969-07-09· cited 25×
- Suon v. MongOhio Court of Appeals· 2018-10-16· cited 20×
- Al Neyer, L.L.C. v. Westfield Ins. Co.Ohio Court of Appeals· 2020-11-25· cited 15×
- Collett v. SharkeyOhio Court of Appeals· 2021-08-13· cited 14×
- Cornell v. ShainOhio Court of Appeals· 2021-06-23· cited 12×
- State ex rel. DeWine v. ARCO Recycling, Inc.Ohio Court of Appeals· 2022-05-26· cited 8×
- White v. Cent. Ohio Gaming Ventures, L.L.C.Ohio Court of Appeals· 2019-03-26· cited 7×
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.