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Gonda v. Ruiz11/21/2002
. Appellant Dorothy Gonda, Individually and as Administratrix of the Estate of David Paul Gonda, Deceased, appeals a judgment following jury trial in the Mahoning County Common Pleas Court in favor of appellees Juan Ruiz, M.D.; Abdul Hafiz, M.D.; Alan Cropp, M.D.; Pulmonary Medicine Consultants; and Pulmonary Rehabilitation Associates, on her complaint for medical negligence.
ASSIGNMENTS OF ERROR
. "I. THE TRIAL COURT ERRED AS A MATTER OF LAW IN FAILING TO GRANT PLAINTIFF'S MOTION FOR A NEW TRIAL ON THE ISSUE OF SURVIVABILITY AND DAMAGES ON THE CLAIM AGAINST DR. CROPP."
. "II. THE JURY'S VERDICT WAS AGAINST THE MANIFEST WEIGHT OF THE EVIDENCE SINCE NO TESTIMONY WAS PRESENTED THAT DAVID GONDA WOULD HAVE SUFFERED IMMEDIATE DEATH WITH PROPER TREATMENT."
. On May 19, 1995, David Gonda, a 27-year-old law student, began exhibiting symptoms of fever, coughing, and tachycardia, which is an abnormally fast heartbeat. He initially sought treatment at the Case Western Reserve Center. On June 27 and July 5, David Gonda sought treatment from appellee Ruiz, who diagnosed him with pharyngitis and laryngitis.
. On July 13, 1995, appellee Cropp, a pulmonologist, first examined Gonda. Dr. Cropp conducted an examination of Gonda's lungs, which revealed nothing remarkable. He diagnosed Gonda with a sinus infection. When Dr. Cropp saw Gonda on July 15, Gonda showed signs of improvement, and he continued him on doxycycline.
. On August 8, 1995, Gonda again saw Dr. Cropp. His temperature was elevated, and Dr. Cropp became concerned about the possibility of lymphoma, Hodgkin's Disease, or some other type of malignancy. He ordered a CT scan for August 15.
. David Gonda was admitted to St. Elizabeth's Hospital on August 15, coughing up blood. He was transferred to the Cleveland Clinic, where he died on August 18. An autopsy disclosed that David Gonda died from pieces of a thrombus in his heart breaking off and traveling to his lungs. The autopsy further revealed that Gonda suffered from endomyocardial fibrosis, a filling in of one or both of the heart ventricles with fibrosis.
. Appellant filed the instant medical malpractice action against appellees. The case proceeded to jury trial. The jury found in favor of appellees Ruiz and Hafiz. The jury found in favor of appellant against appellee Cropp, but found that the chance of survivability was 0%. The court accordingly entered judgment in favor of appellees and against appellant.
. Appellant filed a motion for new trial against appellee Cropp on the issue of survivability and damages, which was overruled by the court.
I.
. In her first assignment of error, appellant argues that the court erred in overruling her motion for new trial against Dr. Cropp on the issues of survivability and damages.
. Appellant first argues that the court erred in admitting the deposition testimony of Dr. Sharon Hook and Dr. Herbert Wiedemann, as their expert opinions were based on hearsay conversations with Dr. Norman Ratliff. Although Dr. Ratliff was deposed, his testimony was not presented at trial.
. As to Dr. Wiedemann, the court granted appellant's motion to strike his testimony.
. Dr. Sharon Hook was the staff pathologist involved with David Gonda's autopsy. She testified that because she was unfamiliar with the unusual disease affecting Gonda's heart, she consulted with Dr. Ratliff, who had extensive experience in cardiac pathology. She testified that while she had not seen cases of endomyocardial fibrosis, Dr. Ratliff had seen such cases. She testified that she had read other literature on t
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