Robinson v. Ohio Dept. of Rehab. & Corr.

Citations

• 2020 Ohio 3484

Syllabus

Dental malpractice summary judgment Civ.R. 56. Plaintiff, an inmate under the custody and control of defendant, asserted that defendant engaged in dental malpractice arising from negligent dental care plaintiff received while incarcerated. A dental malpractice claimant must provide proof of the recognized standard of care in the medical community through expert testimony. The court found that plaintiff failed to provide an affidavit or other expert testimony regarding the recognized standard of care. Plaintiff claimed he was unable to obtain his medical records that would support his malpractice claim. However, the court found that plaintiff failed to make any written request for his medical records accompanied by a written request of an attorney or physician, and thus plaintiff cannot support his dental malpractice claim. Judgment rendered in favor of defendant.