Ramage v. Central Ohio Emergency Services, Inc.

592 N.E.2d 828, 64 Ohio St. 3d 97
CourtOhio Supreme Court
DecidedJune 24, 1992
DocketNos. 91-351, 91-370 and 91-371
StatusPublished
Cited by295 cases

This text of 592 N.E.2d 828 (Ramage v. Central Ohio Emergency Services, Inc.) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ramage v. Central Ohio Emergency Services, Inc., 592 N.E.2d 828, 64 Ohio St. 3d 97 (Ohio 1992).

Opinions

Moyer, C.J.

Appellants, Central Ohio Emergency Services, Inc. and Eugene J. Coles, M.D., assert four propositions of law, and appellant Guernsey Memorial Hospital argues seven propositions of law, which effectively present seven issues for our consideration. For the following reasons, the judgment of the court of appeals is affirmed in part and reversed in part.

I

In its first two propositions of law, the hospital asserts that the court of appeals erred in finding that expert testimony was unnecessary to establish the prevailing standard of care, a breach of the standard by the emergency room nurses, and that the alleged breach was a proximate cause of the decedent’s injury. We agree.

Unless a matter is within the comprehension of a layperson, expert testimony is necessary. Evid.R. 702 and 703. Experts have the knowledge, training and experience to enlighten the jury concerning the facts and their opinion regarding the facts. McKay Machine Co. v. Rodman (1967), 11 Ohio St.2d 77, 40 O.O.2d 87, 228 N.E.2d 304.

It is well settled in Ohio that in order to prevail in a medical malpractice claim, a plaintiff must demonstrate through expert testimony that, among other things, the treatment provided did not meet the prevailing standard of care.

“Proof of the recognized standards must necessarily be provided through expert testimony. This expert must be qualified to express an opinion concerning the specific standard of care that prevails in the medical community in which the alleged malpractice took place, according to the body of law that has developed in this area of evidence.” Bruni v. Tatsumi (1976), 46 Ohio St.2d 127, 131-132, 75 O.O.2d 184, 187, 346 N.E.2d 673, 677-678.

Although this court has previously held that an action filed against a nurse in his or her professional capacity does not fajl within the traditional definition of “malpractice,” Richardson v. Doe (1964), 176 Ohio St. 370, 27 O.O.2d 345, 199 N.E.2d 878, we conclude that expert testimony is necessary to establish the prevailing standard of care where the professional skills and judgment of a nurse are alleged to be deficient. Ohio courts have long recognized this principle.

“Where the issue is one of an exercise of judgment or skill requiring the specialized training of a nurse, expert-opinion evidence would be required.” [103]*103Johnson v. Grant Hosp. (1972), 31 Ohio App.2d 118, 124-125, 60 O.O.2d 202, 205, 286 N.E.2d 308, 313, reversed on other grounds (1972), 32 Ohio St.2d 169, 61 O.O.2d 413, 291 N.E.2d 440. See, also, Albain v. Flower Hosp. (1990), 50 Ohio St.3d 251, 553 N.E.2d 1038; and Hundemer v. Sisters of Charity (1969), 22 Ohio App.2d 119, 51 O.O.2d 243, 258 N.E.2d 611.

Ramage asserts that this case falls within the “common knowledge exception.” Under this exception, matters of common knowledge and experience, subjects which are within the ordinary, common and general knowledge and experience of mankind, need not be established by expert opinion testimony. Johnson v. Grant Hosp., supra. Ramage argues that the alleged negligence of the nurses in this case occurred merely in their observation and reporting of the decedent’s condition to the doctor and that this involves matters within the common knowledge and experience of the jurors.

In support, Ramage cites several Ohio cases involving allegations of nursing negligence in which it was held that expert opinion testimony was unnecessary to establish the standard of care and a breach thereof. Jones v. Hawkes Hosp. of Mt. Carmel (1964), 175 Ohio St. 503, 26 O.O.2d 170, 196 N.E.2d 592; Burks v. Christ Hosp. (1969), 19 Ohio St.2d 128, 48 O.O.2d 117, 249 N.E.2d 829. However, Jones and Burks involved allegations of negligence with regard to patients who fell from their hospital beds while unattended. Such allegations were claims of ordinary negligence. The allegations in this case go to the professional skill and judgment of the nurses — matters not within the common knowledge and experience of the jurors.

In his complaint, Ramage alleged that “Defendants, Central Ohio Emergency Services, Inc., and Guernsey Memorial Hospital, by and through their agents or employees, actual or ostensible, Defendant, Eugene J. Coles, M.D., and John Doe, M.D., and John Doe, Inc., were professionally negligent and did fall below the standard of care of ordinarily careful, skillful and prudent physicians and other health care professionals in that they failed to properly diagnose, treat and care for Plaintiff's decedent’s true medical condition.” (Emphasis added.) Further, “[a]s a direct and proximate result of the negligence of the Defendants, Plaintiff’s decedent suffered bodily injury and experienced pain, suffering and mental anguish.” Moreover, the testimony at trial concerned the treatment and care the decedent received from the team of health-care professionals, including the nurses, in the emergency room— matters not within the common knowledge and experience of jurors.

As any negligence of the nurses in this matter and proximate causation were not apparent to a layperson, expert testimony was needed to establish the nurses’ negligence, if any, and to establish that their negligence, if any, was the proximate cause of Ashley’s injury. Where the alleged negligence [104]*104involves the professional skill and judgment of a nurse, expert testimony must be presented to establish the prevailing standard of care, a breach of that standard, and that the nurse’s negligence, if any, was the proximate cause of the patient’s injury. Therefore, we reverse the judgment of the court of appeals with respect to its conclusion that expert testimony regarding the standard of care required of the emergency room nurses, a breach thereof, and its proximate causation of Ashley’s injury was unnecessary.

II

Next, the hospital, COES and Dr. Coles argue that the judgment of the court below should be reversed because the jury was permitted to consider evidence of the “mental anguish” and “loss of society” of Richard and Janet Ramage, Ashley's grandparents. Recovery by such persons, they contend, is precluded as a matter of law under R.C. 2125.02, the Ohio wrongful death statute. R.C. 2125.02 provides, in part:

“(A)(1) An action for wrongful death shall be brought in the name of the personal representative of the decedent for the exclusive benefit of the surviving spouse, the children, and the parents of the decedent, all of whom are rebuttably presumed to have suffered damages by reason of the wrongful death, and for the exclusive benefit of the other next of kin of the decedent.

it * * *

“(B) Compensatory damages may be awarded in an action for wrongful death and may include damages for the following:

U * * *

“(3) Loss of the society of the decedent, including loss of companionship * * * suffered by the surviving spouse, minor children, parents, or next of kin;

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Cite This Page — Counsel Stack

Bluebook (online)
592 N.E.2d 828, 64 Ohio St. 3d 97, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ramage-v-central-ohio-emergency-services-inc-ohio-1992.