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Tanzi v. Nahigian12/18/1997
JUDGMENT: Reversed and Remanded.
Plaintiffs-appellants Arlene Tanzi and Peter Tanzi appeal from the trial court's order granting the motion for summary judgment filed by the defendant-appellee Dr. Stanley Nahigian. The trial court granted the motion for summary judgment in this medical malpractice claim for failure to file the action within the statute of limitations as set forth in R.C. 2305.11.
The undisputed facts as gleaned from Mrs. Tanzi's deposition and affidavit are as follows. On April 8, 1993, Arlene Tanzi severely lacerated her finger with a drinking glass when she fell on stairs in her home. Mrs. Tanzi was hurrying up the stairs because she was due to attend a reception at the Maple Heights City Hall given in honor of her son, a winner of the National High School Wrestling Championship. The laceration began at the web of her middle finger on her right hand and continued down into her palm.
Mrs. Tanzi sought immediate treatment at the Bedford Hospital emergency room, where Dr. Raymond Goodman sutured the wound. During her emergency room visit, Mrs. Tanzi informed Dr. Goodman that her hand felt funny, weird, numb and not right. She indicated that she was worried because her finger was crooked, slanted down across her palm towards her little finger. Dr. Goodman believed that there was no significant damage to the hand, but asked if Mrs. Tanzi wanted another physician. Mrs. Tanzi informed Dr. Goodman that since he was the doctor she believed him. Mrs. Tanzi was informed that she could see her family physician to have the stitches removed. Mrs. Tanzi was referred by her family physician to Dr. Nahigian.
Dr. Nahigian believed that the appellant had suffered simple nerve damage. Although Mrs. Tanzi questioned the appellee as to why her finger was crooked, he merely indicated that he would take care of it. Dr. Nahigian performed surgery on April 29, 1993, and afterwards informed the appellant's sister that the surgery was a success.
At her next office visit, Mrs. Tanzi was informed by Dr. Nahigian that he had repaired the nerve, that she would need therapy, and that her hand would be normal in six to eight weeks. Surgery had done nothing to relieve the condition of the appellant's hand, and the next three to four weeks brought a worsening of the pain. Mrs. Tanzi had to repeatedly request pain medication because the appellee did not believe her. The appellee prescribed a brace for the hand and, even though it caused excruciating pain, Mrs. Tanzi managed to wear it eight hours a day. The appellant ultimately left Dr. Nahigian's care because she did not like the way she was treated, and because Dr. Nahigian did not believe she was in pain.
The appellant sought help from Dr. John Schaffer. Dr. Schaffer determined that surgery was required in order to discover the source of Mrs. Tanzi's difficulties. Dr. Schaffer attempted to perform surgery in July 1993, but the surgery was aborted when Mrs. Tanzi's finger turned black and her blood pressure soared. Mrs. Tanzi indicated that she was hospitalized for several days subsequent to the surgery due to an infection.
Although nothing was learned during the aborted surgery, Dr. Schaffer sent Mrs. Tanzi back to therapy on a daily basis. Instead of improvement, Mrs. Tanzi's condition worsened and her entire hand became deformed. Dr. Schaffer and/or his therapist informed the appellant that amputation of the finger was a possibility. The first time this possibility was raised was in September 1994. Mrs. Tanzi sought a second opinion from Dr. Morris. Dr. Morris suggested a steel rod and, since his solution was the same as that proposed by Dr. Schaffer, Mrs. Tanzi returned to Dr.
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