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.