Was Using A Heater-Cooler Device During Surgery Malpractice? On July 14, 2021, Patricia Napier filed a complaint asserting claims for negligence, wrongful death, and punitive damages. The complaint alleged that Michael Napier underwent heart surgery at Bethesda North Hospital in November 2016, and was exposed to bacteria during the surgery from a heater-cooler unit within the surgical suite. As a result of the exposure, Michael developed an infection in his body which ostensibly caused his death. Napier asserted that the defendants knew of the exposure and knew of the severe risk that resulted from the exposure but failed to inform Michael that he had been exposed.
The defendants moved to dismiss Napier’s complaint, asserting that Napier’s claims were medical claims and therefore barred by the medical-claim statute of limitations and statute of repose. Additionally, the defendants asserted that the complaint should be dismissed for failure to file an affidavit of merit under Civ.R. 10(D)(2). The the trial court granted the defendants’ motion to dismiss, finding that Napier’s complaint contained medical claims and was therefore time barred by R.C. 2305.113(C), the medical-claim statute of repose. The trial court additionally found that Napier’s complaint should be dismissed because Napier failed to file an affidavit of merit with her complaint as required for medical claims by Civ.R. 10(D)(2). Napier timely appealed.
Ohio Appellate Court Opinion
The Court of Appeals First Appellate District of Ohio (“Ohio Appellate Court”) stated in its September 21, 2022 Opinion that a medical claim is defined as “any claim that is asserted in any civil action against a * * * hospital * * * that arises out of the medical diagnosis, care, or treatment of any person.” R.C. 2305.113(E)(3). R.C. 2305.113(A) provides a one-year statute of limitation for medical claims and R.C. 2305.113(C) provides a four-year statute of repose for medical claims.
When Is Use Of Medical Equipment Considered Medical Care?
The test for determining whether the use of medical equipment constituted “care” under R.C. 2305.113(E)(3) is two-fold: it must first be determined if the equipment was used for the prevention or alleviation of a physical or mental defect or illness. Then, it must be determined if the use of the equipment required a certain amount of professional expertise or professional skill.
The Ohio Appellate Court stated that the pertinent section of Napier’s complaint asserted: “During his surgery, Michael Napier was exposed to bacteria from equipment in the surgical suite. Specifically, Michael Napier was exposed to mycobacterium chimaera from a heater-cooler unit used in the surgical suite.” The Ohio Appellate Court stated, “While these allegations make it clear that the equipment in question was in use in the surgical suite at the time of the surgery, the allegations do not make it clear what the equipment was being used for.”
“Here, the claims are specific to one piece of equipment within the surgical suite, rather than the entire surgical suite, and there are no facts in the complaint which establish at this point in the case that the equipment was inherently necessary to the surgery or that the use of the equipment arose from the physician-ordered treatment … Therefore, we hold that the trial court erred in finding that it was clear on the face of the complaint that Napier’s claims were medical claims … we reverse the judgment of the trial court and remand the cause for further proceedings consistent with this opinion and the law.”
Source Napier v. TriHealth, Inc., 2022-Ohio-3311.
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