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Hubbard v. Laurelwood Hosp.3/16/1993
CHRISTLEY, Judge:
Appellant, Ronald E. Hubbard, the administrator of Juanita Miller's estate and brother of the decedent, is appealing the granting of appellees' motion for reconsideration and summary judgment to appellees, Laurelwood Hospital ("Laurelwood") and Lake West Hospital ("Lake West").
On June 4, 1991, appellant filed a complaint alleging medical malpractice, wrongful death, pain and suffering and loss of companionship and services. In that complaint, appellant alleged that appellant's decedent, Juanita Miller, had been treated for various psychiatric problems at Laurelwood. On June 5, 1990, the decedent was taken to Lake West's emergency room for mental problems and suicidal tendencies. Laurelwood was contacted for assistance in evaluating whether the decedent should be admItted as a psychiatric patient. The decedent was evaluated by an employee of Laurelwood. Appellant further alleged that the decedent signed a document purporting to be a contract agreement in which she agreed not to attempt suicide. The decedent was not admitted as a psychiatric patient.
The complaint further alleged that the decedent attempted suicide by setting herself on fire on June 9, 1990. Suffering from extensive burns over seventy percent of her body, the decedent died on June 23, 1990.
The thrust of the complaint was that in light of the decedent's prior mental condition, appellees owed the decedent a duty to provide appropriate psychiatric treatment, and appellees' decision not to admit her constituted a breach of said duty, proximately causing her death.
The first count was a medical malpractice claim. The second count was for wrongful death and realleged the allegations of the entire malpractice count as its basis. The third count was another survivorship claim, this time for the decedent's pain and suffering, realleging both the malpractice claim in its entirety as the basis for the pain and suffering claim. The fourth count was the derivative claim for loss of consortium, etc. Again the basis for the fourth count was the reallegation of the malpractice claim.
Both appellees timely filed answers to the complaint; Lake West on July 1, 1991, and Laurelwood on July 9, 1991.
On October 23, 1991, Laurelwood filed a motion for summary judgment, or in the alternative, a motion to dismiss based on appellant's failure to produce expert medical testimony critical of appellee's care, i.e., appellant failed to meet the jurisdictional requirements of R.C. 2307.42. Subsequently, Lake West filed a similar motion on October 30, 1991. In both of these motions, appellees stated that appellant failed to answer their respective discovery requests.
On November 22, 1991, appellant filed a brief in opposition to the motions for summary judgment/motion to dismiss. In that brief, appellant practically conceded the malpractice claim. Appellant only argued against the motion for summary judgment regarding the wrongful death claim.
On December 30, 1991, the trial court filed a judgment entry finding that appellant failed to timely file an affidavit complying with either R.C. 2307.42(C)(1)(a) or (C)(2)(a). Thus, the trial court concluded that it was without jurisdiction to adjudicate the medical malpractice claim and, as a result, it dismissed only that claim.
On January 10, 1992, Laurelwood filed a motion for reconsideration regarding appellant's wrongful death, cause of action. In that motion, Laurelwood alleged that appellant had refused to provide any response to its discovery requests. On January 14, 1992, Lake West joined in that motion. Appellant did not file a response or objection
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