Browning v. Burt

66 Ohio St. 3d 544
Ohio Supreme Court·Decided June 30, 1993·No. Nos. 91-2079 and 91-2121·Published·Cited by 123 cases

Opinions

Douglas, J.

The narrow issue in these consolidated cases is whether the negligent credentialing causes of action against SEMC for granting and continuing staff privileges to Dr. Burt (and Dr. Blue in case No. 91-2079) were timely filed pursuant to the applicable statute of limitations. Case No. 91-2079 involves additional issues concerning the court of appeals' reinstate[554] ment of Lawrence Browning’s consortium claim against Dr. Blue and SEMC.10 Given the procedural disposition of these cases, the pertinent facts (where applicable) must be construed in a light most favorable to appellees who opposed the motions for summary judgment at the trial court level. See Civ.R. 56.

I

Hospital Liability/Negligent Credentialing

SEMC appeals in both cases, urging that the claims asserted against it for negligent credentialing are time-barred by R.C. 2305.11(B)(1). Specifically, SEMC suggests that the court of appeals erred in determining that discovery (by appellees Mitchell and Browning) of the hospital’s negligence was necessary to commence the running of the R.C. 2305.11(B)(1) period of limitations on the negligent credentialing claims. SEMC asserts that the “cognizable events” triggering the running of the statute of limitations on Mitchell’s and Browning’s medical malpractice claims against the doctor(s) were sufficient to commence the running of the period of limitations on their negligent credentialing causes of action against the hospital.

In support of its position, SEMC cites Allenius, supra, and a number of our other cases such as Oliver v. Kaiser Community Health Found. (1983), 5 Ohio St.3d 111, 5 OBR 247, 449 N.E.2d 438, Richards v. St. Thomas Hosp. (1986), 24 Ohio St.3d 27, 24 OBR 71, 492 N.E.2d 821, Hoffman v. Davidson (1987), 31 Ohio St.3d 60, 31 OBR 165, 508 N.E.2d 958, Hershberger v. Akron City Hosp. (1987), 34 Ohio St.3d 1, 516 N.E.2d 204, and Flowers v. Walker (1992), 63 Ohio St.3d 546, 589 N.E.2d 1284. This line of cases deals with the accrual of causes of action for medical malpractice under R.C. 2305.11, and the necessity of investigation and pursuit of remedies when a medical condition and its relationship to a previous medical procedure, treatment or diagnosis are “discovered.”

Conversely, appellees contend that under Allenius, supra, the “West 57th” television program was the “cognizable event” which commenced the running of the R.C. 2305.11(B)(1) period of limitations on the negligent credentialing causes of action. Thus, appellees assert that Mitchell’s and Browning’s claims against SEMC were filed within the R.C. 2305.11(B)(1) period of limitations.

[555] Upon reflection, we cannot accept either of the parties’ positions, which assume that R.C. 2305.11(B)(1) and our cases governing the accrual of causes of action for medical malpractice apply to claims of hospital liability for negligent credentialing.

The theory of hospital liability at issue in these cases was discussed at some length in Albain v. Flower Hosp. (1990), 50 Ohio St.3d 251, 257-260, 553 N.E.2d 1038, 1044-1047. In Albain, paragraph two of the syllabus, this court held that:

“In regard to staff privileges, a hospital has a direct duty to grant and to continue such privileges only to competent physicians. * * * In order to recover for a breach of this duty, a plaintiff injured by the negligence of a staff physician must demonstrate that but for the lack of care in the selection or the retention of the physician, the physician would not have been granted staff privileges, and the plaintiff would not have been injured.” (Emphasis added.)

The general duty imposed upon hospitals to grant and continue staff privileges only to competent physicians was identified in Albain as an “independent” duty of care owed directly to those admitted to the hospital. Id. at 257-260, 553 N.E.2d at 1044-1047. See, also, Taylor v. Flower Deaconess Home & Hosp. (1922), 104 Ohio St. 61, 135 N.E. 287. One of the areas in which the hospital owes the independent and direct duty to a patient is in establishing (and adhering to) reasonable peer review procedures:

“ * * * [0]nce a competent and careful physician has been granted staff privileges, the hospital will not thereafter be liable unless it had reason to know that the act of malpractice would most likely take place. That is, where a previously competent physician, with staff privileges develops a pattern of incompetence, which the hospital should become aware of through its peer review process, the hospital must stand ready to answer for its retention of such physician.” (Footnote omitted.) Albain, 50 Ohio St.3d at 258, 553 N.E.2d at 1045.

In addition, the majority in Albain quoted with approval the following statement:

“‘ * * * [A hospital] is not required to pass upon the efficacy of treatment; it may not decide for a doctor whether an operation is necessary, or, if one be necessary, the nature thereof; but it owes to every patient whom it admits the duty of saving him from an illegal operation [or] false, fraudulent, or fictitious medical treatment.’ ” Albain, at 259, 553 N.E.2d at 1046, quoting Hendrickson v. Hodkin (1937), 250 A.D. 619, 621, 294 N.Y.S. 982, 984-985 (Lazansky, P.J., dissenting), reversed (1937), 276 N.Y. 252, 11 N.E.2d 899.

Free access — add to your briefcase to read the full text and ask questions with AI

Browning v. Burt, 66 Ohio St. 3d 544 (Ohio 1993).

66 Ohio St. 3d 544 (Browning v. Burt) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

In re I.R.
2023 Ohio 3044 (Ohio Court of Appeals, 2023)
Clawson v. Hts. Chiropractic Physicians, L.L.C.
2022 Ohio 4154 (Ohio Supreme Court, 2022)
O'Dell v. Vrable III, Inc.
2022 Ohio 4156 (Ohio Court of Appeals, 2022)
Weidman v. Hildebrant
2022 Ohio 1708 (Ohio Court of Appeals, 2022)
Wolff v. Dunning Motor Sales
2021 Ohio 740 (Ohio Court of Appeals, 2021)
Siegel v. State
2020 Ohio 4708 (Ohio Court of Appeals, 2020)
Wagers v. Kettering Affiliated Health Serv.
2020 Ohio 11 (Ohio Court of Appeals, 2020)
Schmitz v. Natl. Collegiate Athletic Assn. (Slip Opinion)
2018 Ohio 4391 (Ohio Supreme Court, 2018)
Cita Trust Company AG v. Fifth Third Bank
879 F.3d 1151 (Eleventh Circuit, 2018)
Lerner v. Broadview NH, L.L.C.
2017 Ohio 8001 (Ohio Court of Appeals, 2017)
Smrtka v. Boote
2017 Ohio 1187 (Ohio Court of Appeals, 2017)
Haskins v. 7112 Columbia, Inc.
2016 Ohio 5575 (Ohio Court of Appeals, 2016)
Cefaratti v. Aranow
141 A.3d 752 (Supreme Court of Connecticut, 2016)
Christian v. Kettering Med. Ctr.
2016 Ohio 1260 (Ohio Court of Appeals, 2016)
Rush v. Univ. of Cincinnati Physicians, Inc.
2016 Ohio 947 (Ohio Court of Appeals, 2016)
Green Tree Servicing, L.L.C. v. Olds
2015 Ohio 3214 (Ohio Court of Appeals, 2015)
Carte v. The Manor at Whitehall
2014 Ohio 5670 (Ohio Court of Appeals, 2014)
Haskins v. 7112 Columbian, Inc.
2014 Ohio 4154 (Ohio Court of Appeals, 2014)
Hines v. Univ. of Akron
2013 Ohio 5608 (Ohio Court of Appeals, 2013)
Erickson v. Mgt. & Training
2013 Ohio 3864 (Ohio Court of Appeals, 2013)