Victims of medical negligence get one year to file a cause of action for medical malpractice in Ohio. General negligence claims are provided with a two-year statute of limitations. Typically, what constitutes a medical claim is broad, including situations where a medical provider is accused of injuring a patient during transport. Last week, in Eichenberger v. Woodlands Assited Living Residence, LLC, the 10th District set out a good foundation for this concept in determining that unless the injury occurs while traveling to or in the course of treatment, an injury sustained from being moved by a wheelchair is not a medical claim. As a result, the court held that the plaintiff's claims were subject to the two-year statute of limitations for general negligence claims.
So when is injuring a patient during transport not a medical claim? The answer depends on whether the transportation was ancillary, or an inherently necessary part of the injured party's treatment. In interpreting this definition, the 10th District concluded that moving an elderly patient to lunch was not part of her care or treatment during her stay at a nursing home. The court noted, however, that the purpose of the nursing home was not primarily for medical treatment. In the complaint, the plaintiff carefully distinguished this fact, stating that "the base monthly rental charges for residents in the facility do not include any manner of health care, only room and board." This was important to the 10th District's decision and is something to keep in mind when drafting complaints dealing with cases in which an arguably medical-type tortfeasor is accused of injuring a patient during transport.
Eichenberger is a good case to keep on file because it not only is a good result when facing a statute of limitation issue in cases where the wrongdoer is accused of injuring a patient during transport, but it also will be useful in addressing the affidavit of merit requirement for medical claims. The affidavit of merit is only required if the plaintiff files a medical claim. In addition, it also sets out the law from around the state answering the question preliminary question of when is transporting a patient not a medical claim and is a good foundational case for any brief. The 10th District appears to have resolved the issue correctly and the case is a good example of how to plead around some stringent rules in Ohio regarding medical negligence claims.
