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Schmidt v. Koval3/26/2002
JUDGMENT: Affirmed.
. This is a timely appeal from the Mahoning County Court of Common Pleas' denial of John Schmidt's ("Appellant") motion for a new trial. That motion challenged the validity of a jury verdict in favor of Andrew Wren, D.O. ("Appellee Wren"), and Beeghly Immediate Care ("Appellee Beeghly") in Appellant's medical malpractice and wrongful death action arising from the death of Appellant's wife, Tammy Jo Schmidt ("Mrs. Schmidt").
. On April 15, 1996, Mrs. Schmidt died of a pulmonary embolism. She had begun to experience symptoms related to the condition during the previous week. On April 8, 1996, she sought treatment at Appellee Beeghly's immediate care facility. There, she complained that for the four or five days leading up to the visit she had suffered from a rapid heart rate, weakness and shortness of breath. (Tr. pp. 460-465). Appellee Wren, an examining physician at Beeghly, diagnosed and treated decedent for hyperventilation syndrome. (Tr. pp. 512-513). Two days later, when Mrs. Schmidt's symptoms appeared to worsen, she sought treatment from her treating physician, John Koval, M.D. Dr. Koval was on vacation, however, so his partner, Kenneth Kenyhercz, M.D. agreed to see Mrs. Schmidt. (Tr. p. 514). Dr. Kenyhercz diagnosed her condition as hyperthyroidism and prescribed the medication, Inderal. Over the next couple of days her condition continued to worsen to the point where she, "couldn't literally take a step without being out of breath." (Tr. p. 518). On April 14, 1996, Mrs. Schmidt contacted Dr. Koval. Apparently Dr. Koval, who expected to return from vacation the following day, agreed to see Mrs. Schmidt the next morning. In the interim, he recommended that she double-up on her intake of Inderal. (Tr. p. 520). The next morning, before she could make her scheduled appointment with Dr. Koval, Mrs. Schmidt succumbed to an undiagnosed pulmonary embolism. (Tr. pp. 527, 596-598).
. Appellant sued Dr. Koval, Dr. Kenyhercz, Appellee Wren and Appellee Beeghly, alleging medical malpractice and wrongful death. (Jan. 14, 1997, Complaint, Case No. 97CV145). Appellant complained that Mrs. Schmidt presented a number of symptoms indicative of a pulmonary embolism and that in failing to recognize them, the defendants breached their duty to provide a reasonable standard of care to their patient, thereby causing her death. In their defense, doctors Koval and Kenyhercz maintained that their treatment of Mrs. Schmidt was consistent with the reasonable standard of care. Appellees contended that they, too, were not negligent in their treatment of Mrs. Schmidt. Appellees argued that if negligence was involved, it occurred when doctors Koval and Kenyhercz took over Mrs. Schmidt's treatment and misdiagnosed her with a thyroid condition. (Tr. p. 82).
. Trial commenced on April 4, 2000. On April 7, 2000, Appellant entered into a confidential settlement with doctors Koval and Kenyhercz. (5/15/2000, Judgment Entry of Dismissal). The parties stipulated that the settlement's terms were confidential and that the settling doctors expressly denied any responsibility for or negligence to the Appellant's deceased. (Tr. p. 574). At Appellant's request, the trial court did not offer the jury an explanation for the settling doctors' disappearance from the courtroom in the middle of trial. Instead, the trial court simply informed the jury that these doctors were no longer parties to the case. (Tr. p. 575).
. The trial against Appellees, who were now the remaining defendants in the lawsuit, continued. At the close of evidence, Appellees requested and received a directed finding that the settling doctors were "liable in tort." The trial court judge further c
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