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Grandillo v. Montesclaros5/25/2000
CHARACTER OF PROCEEDINGS: Civil appeal from Common Pleas Court JUDGMENT: Judgment affirmed
Plaintiffs-Appellants, Nancy Grandillo, and her husband, Michael Grandillo, bring this appeal from a judgment of the Court of Common Pleas of Seneca County, granting motions for summary judgment in favor of Appellees, Dr. Adolben Montesclaros, M.D., and Mercy Hospital, on a complaint alleging, among other things, medical malpractice and lack of informed consent. For the reasons set forth below, we affirm the judgment of the trial court.
The following provides a brief synopsis of the necessary background facts:
On May 15, 1997, Nancy Grandillo met with Dr. Montesclaros, a board certified general surgeon, for an evaluation of an umbilical hernia, a condition that Mrs. Grandillo apparently developed as the result of a recent pregnancy. Dr. Montesclaros has done numerous surgeries to repair the effects of the condition and, after examining Mrs. Grandillo, agreed to perform the operation, placing the patient on the non-emergency surgical schedule.
Mrs. Grandillo's surgery took place at Mercy Hospital in Tiffin, Ohio, on June 9, 1997, on an outpatient basis. On June 16, 1997, Mrs. Grandillo attended her first post-operative appointment with Dr. Montesclaros. At that point, the incision was still bandaged, thus, the patient had not yet seen the results of the surgery. However, the day after this appointment, Mrs. Grandillo removed the bandages as instructed, and discovered that her navel had been removed. A large scar with pockets of skin on either side, or what has been described as a "dog-ear appearance," was left in its stead. Mrs. Grandillo immediately contacted Dr. Montesclaros to complain about the appearance of the scar and to voice her anger at the fact that she was not informed that her navel had actually been removed or that that was a possible outcome of the surgery.
Despite her concerns, Mrs. Grandillo continued to see Dr. Montesclaros for post-operative care and treatment. The record demonstrates that she attended appointments on June 30, 1997; July 28, 1997; and October 14th of that same year. Dr. Monteclaros' notes indicate that he was prepared to perform another operation to correct the scarring, but that it could not occur so soon after the initial procedure. The doctor's notes for the October 14th appointment merely state that Mrs. Grandillo was to "return in the spring of 1998 for recheck." Notwithstanding this directive, the evidence is clear that Mrs. Grandillo did not return to Dr. Montesclaros for care or treatment after that final October appointment.
Instead, Mrs. Grandillo and her spouse caused what is commonly known as a one-hundred-eighty-day letter, drafted pursuant to R.C. 2305.11, to be sent to Dr. Montesclaros and Mercy Hospital as notice of their intention to file suit against both parties. All parties have since stipulated that the letter was served on June 5, 1998.
Thereafter, on December 7, 1998, Mr. and Mrs. Grandillo filed a pro se complaint against Dr. Montesclaros for lack of informed consent, battery and medical malpractice. The Grandillos also named Mercy Hospital as a defendant, alleging claims of failure to verify consent and negligent credentialing of a doctor. Mrs. Grandillo sought monetary damages for pain and suffering; the cost of corrective surgery and punitive damages. Michael Grandillo asserted an additional claim for loss of consortium.
Both defendants filed answers to the complaint wherein they alleged several affirmative defenses, including the statute of limitations. After a period of general discovery, Dr. Montesclaros filed a motion for summary judgment based up
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