The University of Toledo Medical Center settled a medical malpractice claim, filed by a Toledo-area women, for $225,000. The plaintiff suffered injuries to her vocal cord requiring a permanent tracheotomy, in which the surgeon inserts a tube into a small opening in the windpipe allowing air into the lungs. Generally the procedure is temporary, meant to bypass obstructions. As a result, the plaintiff lost her voice and the ability to breath without assistance. The complaint is fairly sparse, so it's unclear why the plaintiff was being treated in the first place. The only facts averred were that the plaintiff was undergoing surgery when the surgeon damaged her vocal cords.
The University of Toledo Medical Center is a teaching hospital, and therefore, the doctor responsible for injuring the plaintiff was immune from liability based on R.C. 9.86. Typically, the doctor would be on the hook for the medical malpractice. As a result of the immunity, based on the plaintiff's lack-of-informed-consent claim, the medical center was the only entity against which liability could be imposed on the medical malpractice claim. Of course, as with most settlements, the medical center did not admit to any wrongdoing and the plaintiff signed a release of all other claims. Regardless, the court of claims approved the settlement and all claims were dismissed. Hopefully, the plaintiff will be able to use the settlement to get past this episode.
