Cornell v. Ohio State University Hospitals

521 N.E.2d 857, 36 Ohio Misc. 2d 25, 1987 Ohio Misc. LEXIS 183
CourtOhio Court of Claims
DecidedJuly 16, 1987
DocketNo. 84-08962
StatusPublished
Cited by1 cases

This text of 521 N.E.2d 857 (Cornell v. Ohio State University Hospitals) is published on Counsel Stack Legal Research, covering Ohio Court of Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cornell v. Ohio State University Hospitals, 521 N.E.2d 857, 36 Ohio Misc. 2d 25, 1987 Ohio Misc. LEXIS 183 (Ohio Super. Ct. 1987).

Opinion

Stern, J.

On August 9, 1983, the plaintiff Ernest Cornell (“Cornell”) underwent an endarterectomy while a patient at Ohio State University Hospitals, defendant herein. The surgeon was Dr. Gerard Kakos. Surgery was to improve blood flow through Cornell’s right carotid artery, which is located in his neck. Originally, the surgery was recommended by Dr. John Vasko, who asked Dr. Kakos to perform the surgery. It is undisputed that as a result of this surgery, Cornell suffered some damage to nerves in his neck, which manifested itself by deviation of the tongue, vocal cord paralysis [26]*26of the right side, difficulty in eating, swallowing, breathing, and persistent hoarseness. The nerves most likely damaged during this operation were the hypoglossal nerve (cranial nerve 12), and/or the recurrent laryngeal nerve. It is well-documented that Cornell’s post-operative difficulties were brought to the attention of the medical personnel attending Cornell. On August 14, 1983, Dr. Kakos discharged Cornell from the Ohio State University Hospitals. At the time of discharge, a second endarterectomy was planned for Cornell’s left carotid artery.

Cornell continued to experience great difficulty in eating, swallowing, talking, and breathing. As a follow-up to cancer surgery Cornell underwent in April 1983, he visited Dr. Thomas Rojewski on August 30, 1983. Dr. Rojewski is the otolaryngologist who removed a carcinoma from Cornell’s left jaw and neck area in April 1983. Dr. Rojewski examined Cornell during this August 30, 1983 office visit and found that the right side of his tongue and his right vocal cord were paralyzed. Dr. Rojewski advised Cornell not to proceed with the endarterec-tomy of the left carotid unless the situation was “life or death.” Dr. Ro-jewski further advised Cornell to inform Dr. Vasko of Dr. Rojewski’s finding when Cornell next spoke with Dr. Vasko. Dr. Rojewski suspected that the injury to the nerves may have been incurred during surgery, though at the time he did not inform Cornell of this suspicion since temporary paralyzation of nerves is not uncommon following surgery.

Cornell and his wife visited Dr. Vasko in his office on September 2, 1983. Cornell advised Dr. Vasko that Dr. Rojewski found the paralyzed vocal cord and urged postponement of the left endarterectomy. Dr. Vasko told the Cornells that the cord was not paralyzed and the endarterectomy of the left carotid would proceed on September 19, 1983, in the Ohio State University Hospitals. Dr. Vasko did not examine Cornell on September 2, 1983 during the office visit.

During Cornell’s admission to the Ohio State University Hospitals on September 18, 1983, he was interviewed and examined by a first-year resident doctor, Daniel Teitelbaum. Dr. Teitelbaum was at that time an employee of the defendant hospital. During the course of the examination, Cornell advised Dr. Teitelbaum of Dr. Ro-jewski’s diagnosis of the problems Cornell was experiencing with the throat and tongue. Dr. Teitelbaum was also advised by Cornell that the surgeon for the next day’s endarterectomy, Dr. Vasko, had also been informed of Dr. Rojewski’s diagnosis. This information was noted by Dr. Teitelbaum on the hospital chart, along with other information provided by Cornell and observations by Dr. Teitelbaum during this cursory examination.

Dr. Vasko conducted the left carotid endarterectomy as scheduled on September 19, 1983. Cornell was a patient in the Ohio State University Hospitals following this surgery until his discharge on October 4,1983. After the second endarterectomy, Cornell continued to have extreme difficulty in swallowing, eating, and breathing. Prior to discharge, Cornell was examined by Dr. William Saunders, an otolaryngologist, at the request of Dr. Swango, an Ohio State University resident doctor in thoracic surgery. Dr. Saunders examined Cornell on September 21, 1983, and found that Cornell was the victim of a paralyzed right hypoglossal nerve as well as bilateral vocal cord paralyzation. Subsequent to the operation, Dr. Vasko suffered a stroke and was rendered unable to communicate; thus, his deposition or live testimony is not available to this court.

After Cornell’s October 4, 1983 [27]*27discharge, he was transferred to his hometown hospital and the care of his local physician, Dr. Emmons. On October 13, 1983, he visited Dr. Rojewski for follow up to the April 1983 cancer surgery performed by Dr. Rojewski. Dr. Rojewski found that the paralyzed hypoglossal nerve, initially discovered by him in August 1983, persisted and that Cornell now exhibited bilateral vocal cord paralyzation. Dr. Rojewski had earlier consulted with Dr. Em-mons regarding placing a feeding gastrostomy directly into Cornell’s stomach since he could not eat by mouth without aspirating the food into his lungs due to his vocal cord paralyzation. Dr. Rojewski informed the Cornells on October 13, 1983, that a gastrostomy would be beneficial and that he was also concerned that Cornell’s vocal cords could drift closer together, thus further restricting his airway and necessitating a trach-eostomy. Shortly thereafter, a feeding gastrostomy tube was implanted in Cornell’s stomach.

A follow-up visit with Dr. Rojewski in November 1983 revealed the vocal cords had drifted closer to one another and were greatly restricting Cornell’s air passage. Dr. Rojewski scheduled a tracheostomy on November 16, 1983, which was performed on an urgent basis. Cornell was later hospitalized in August 1984 for pneumonia, in October 1984 for vocal cord teflon injection, and in January 1985 for more teflon injection. The gastrostomy and tracheo-stomy were removed in October 1984, after the left vocal cord regained some mobility and was injected with teflon to enhance Cornell’s voice.

Cornell and his wife filed suit against Drs. Vasko, Kakos, and Dehr-ing in the Franklin County Court of Common Pleas. The latter doctor was the anesthesiologist during Cornell’s second endarterectomy. This suit was settled prior to trial and the plaintiffs received $220,000 from the three defendant doctors.

On December 7, 1984, the plaintiffs filed suit against the Ohio State University Hospitals subsequent to written notice to the defendant as allowed by R.C. 2305.11. Plaintiffs allege that the negligence of Ohio State University Hospitals employees in the course of their contact with Cornell resulted in injury to the plaintiffs. Damages in the amount of $750,000 are sought from the defendant hospital.

The parties have framed this case primarily within the context of negligence and proximate cause. Plaintiffs do not deny the negligence of others as a proximate cause of the injuries suffered, but claim negligence on the part of defendant, thus making the defendant a concurrent tortfeasor. The seminal issue here is that of negligence and plaintiffs bear the burden of proving the injury, the want of due care by the defendant, such lack of due care as the proximate cause of the injury and the damages suffered. 67 Ohio Jurisprudence 3d (1986) 124, Malpractice, Section 102.

Testimony of Dr. Smead is indicative of the standard of care imposed upon an Ohio State University Hospitals resident. Dr. Smead stated that information and observations gleaned during a preoperative admission, such as performed by Dr. Teitelbaum on September 18, 1983, must be noted on the hospital chart to meet the standard of care. Plaintiffs elicited further information from Dr. Smead regarding his personal expectations of the resident if Dr. Smead had been the surgeon on September 19,1983. Smead’s expectations do not expand the scope of the resident’s standard of care in performing a preoperative admission summary.

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Bluebook (online)
521 N.E.2d 857, 36 Ohio Misc. 2d 25, 1987 Ohio Misc. LEXIS 183, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cornell-v-ohio-state-university-hospitals-ohioctcl-1987.