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Bradshaw v. Mansfield Correctional Institution9/17/2004
DECISION
Magistrate Steven A. Larson
{ } On July 29, 2004, defendant filed a motion for summary judgment. Plaintiff was granted an extension of time to September 3, 2004, to file a response. Plaintiff however, has not filed a response. The case is now before the court for a non-oral hearing on the motion for summary judgment. Civ.R. 56(C) and L.C.C.R. 4.
{ } Civ.R. 56(C) states, in part, as follows:
{ } " * Summary judgment shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, written admissions, affidavits, transcripts of evidence, and written stipulations of fact, if any, timely filed in the action, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. No evidence or stipulation may be considered except as stated in this rule. A summary judgment shall not be rendered unless it appears from the evidence or stipulation, and only from the evidence or stipulation, that reasonable minds can come to but one conclusion and that conclusion is adverse to the party against whom the motion for summary judgment is made, that party being entitled to have the evidence or stipulation construed most strongly in the party's favor. *" See, also, Williams v. First United Church of Christ (1974), 37 Ohio St.2d 150; Temple v. Wean United, Inc. (1977), 50 Ohio St.2d 317.
{ } It is not disputed that plaintiff was an inmate in the custody and control of defendant at defendant's Mansfield Correctional Institution at all times relevant to this action. R.C. 5120.16. In plaintiff's complaint, plaintiff alleges that: " * hey are negligently diagnosing what is causing my entire left arm to go completely numb for periods of 15 minutes to as long as 4 hours in span. * The only pain reliever he gives is Ibuprofen 600 mg tablets. I've been taking this medication for about 4 1/2 years and I believe now they are causing kidney problems. * They are not giving my condition the medical care that it requires." Thus, the crux of plaintiff's complaint is that he sustained personal injuries as a result of medical malpractice by defendant.
{ } In order to prevail on a claim of medical malpractice or professional negligence, plaintiff must first prove: 1) the standard of care recognized by the medical community; 2) the failure of defendant to meet the requisite standard of care; and, 3) a direct causal connection between the medically negligent act and the injury sustained. Bruni v. Tatsumi (1976), 46 Ohio St.2d 127. The appropriate standard of care must be proven by expert testimony. Id. at 130. That expert testimony must explain what a medical professional of ordinary skill, care, and diligence in the same medical specialty would do in similar circumstances. Id.
{ } In support of the motion for summary judgment, defendant submitted the affidavit of Arvenise Melton, R.N., a medical professional in defendant's employ. Melton's affidavit provides in relevant part:
{ } " *
{ } "2. As a result of my job duties during that time, I am familiar with the medical history of inmate Dennis Bradshaw, #A380584, and have reviewed his medical files.
{ } " *
{ } "9. Thus, Mr. Bradshaw's medical record reflects that he has been seen, treated and advised as to how to proceed with the use of his shoulder. Many accommodations have been made by DRC for Mr. Bradshaw's shoulder injury -- work restrictions, advising him not to lift over 20 pounds (permanently), bottom bunk restrictions, advising him not to participate in sports activities (permanently), advising no physical recreation. However, he continues to re-inj
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