Havenar v. Melaragno

Citations

• 2022 Ohio 389

Syllabus

Although the trial court correctly declined to use an Affidavit of Merit in assessing summary judgment, deposition testimony of a treating doctor established that a question of fact exists as to whether the alleged negligent delay in discovering cancer proximately caused harm to the plaintiff patient. Testimony reflected an issue of fact as to whether the calculus for treatment options had changed with the delay, and also reflected that the patient's tumor had grown and moved over that time. Summary judgment reversed case remanded.