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Laidley v. St. Luke's Medical Center6/3/1999
DATE OF ANNOUNCEMENT OF DECISION: JUNE 3, 1999
JUDGMENT: AFFIRMED IN PART, REVERSED IN PART AND REMANDED.
Plaintiff-appellant Marcia Laidley ( appellant ) appeals from the summary judgment entered by the Cuyahoga County Court of Common Pleas in favor of defendants-appellants St. Luke's Medical Center, Cynthia Boes, M.D. ( St. Luke's appellees ), and Ohio Permanente Medical Group Inc., Kaiser Foundation Health Plan of Ohio, Inc. and Albert Green, M.D. ( Kaiser appellees ) on her claims against them which found that her claims were barred by the applicable statute of limitations. For the reasons stated below, we affirm in part, reverse in part and remand this matter to the trial court for further proceedings.
The record reveals the facts giving rise to this appeal are as follows. Pursuant to a contract of insurance with Kaiser and Ohio Permanente, appellant was admitted to St. Luke's Medical Center for the labor and delivery of her third child on March 22, 1995. That same day, following the birth of her child, appellant suffered a complication of postpartum hemorrhage and a supracervical hysterectomy was performed. Appellant was discharged from St. Luke's Medical Center on March 27, 1995.
On October 10, 1995, as a result of this medical care, appellant commenced litigation in Case No. 296543 in which she named as defendants St. Luke's Medical Center, Ohio Permanente and Kaiser. On January 30, 1996, appellant voluntarily dismissed that action. Then, on March 20, 1996, appellant furnished 180-day letters as defined in R.C. 2305.11 to appellees. Two hundred and nine days later, on October 15, 1996, appellant commenced the within action asserting a claim for medical malpractice as to all appellees and a breach of contract claim against Kaiser and Ohio Permanente.
On May 15 and June 2, 1997, after appellant failed to provide the required expert report by the court imposed deadline, the Kaiser appellees and the St. Luke's appellees, respectively, moved the court for summary judgment asserting that appellant had presented insufficient evidence to demonstrate their failure to meet the required standard of care. The trial court, then, granted leave to September 4, 1997 by which appellant should provide her expert report and respond to appellees' summary judgment motions. Thereafter, on August 15 and August 22, the St. Luke's appellees and the Kaiser appellees, respectively, moved the court for summary judgment on the basis that appellant's claims sounded in medical malpractice which accrued as of March 27, 1996, the date of her discharge from the hospital, and were barred by the applicable one year statute of limitation as put forth in R.C. 2305.11(B).
On October 10, 1997, during the pendency of appellees' summary judgment motions, appellant moved the court to compel supplemental discovery responses relating to the vacation and sick time schedules of the named appellee physicians. On October 20, 1997, prior to ruling on appellant's motion to compel, the trial court granted both summary judgment motions in favor of appellees finding that appellant's claims were barred by the applicable statute of limitations. On October 22, the St. Luke's appellees provided the requested supplemental discovery responses to appellant which indicated that appellee Dr. Boes was out of the state for twenty-five days during the time period at issue. On October 28, after summary judgment had been granted and journalized, but before appellant had been notified of the disposition of the case, appellant moved the court for an extension time to fully respond to the motions for summary judgment asserting that she had not received the requested discovery responses necess
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