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Lewis v. Ohio State University Medical Center8/31/2004
n, nurse Gibson testified, quite credibly, that from 1:30 to 3:30 a.m. he performed hourly assessments of Byrd's skin temperature, circulation to his fingertips, and his mental status. Accordingly, the court specifically finds that plaintiff failed to present sufficient evidence to prove that the actions by OSUMC nursing or medical staff fell below the standard of care required under the circumstances or that any action or inaction on their part proximately caused Byrd's death.
{ } Further, the court finds that plaintiff failed to prove by a preponderance of the evidence that DRC was negligent or that any act or omission on its part proximately caused Byrd's death. The court is persuaded that, even assuming that DRC had a duty to forward Byrd's lab reports and medical records, the failure to do so did not adversely affect his care and treatment, much less amount to a proximate cause of his death.
{ } For the foregoing reasons, the court finds that plaintiff has failed to prove any of his claims by a preponderance of the evidence. Accordingly, judgment is recommended in favor of defendants.
{ } A party may file written objections to the magistrate's decision within 14 days of the filing of the decision. A party shall not assign as error on appeal the court's adoption of any finding or conclusion of law contained in the magistrate's decision unless the party timely and specifically objects to that finding or conclusion as required by Civ.R. 53(E)(3).
LEE HOGAN Magistrate
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