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Bingman v. Ohio Dep't of Rehabilitation and Correction11/2/2005
man's PSA would have been elevated in October 2001. As discussed above, Bingman's PSA screening in May 2001, only five months before his incarceration, was normal. Therefore, the court finds that plaintiff failed to prove that even if defendant had offered Bingman either a PSA screening or a DRE in October 2001, the tests would have indicated the need for a biopsy or otherwise have led to a diagnosis of prostate cancer. The court also finds credible Dr. Bohl's testimony that an earlier diagnosis would not have changed the prognosis in Bingman's case due to the aggressive nature of his cancer and its failure to respond to treatment.
{ } Based upon the totality of the evidence, the court finds that plaintiff has failed to prove her claims of medical negligence and wrongful death by a preponderance of the evidence.
{ } Plaintiff also asserts a claim for loss of consortium. " claim for loss of consortium is derivative in that the claim is dependent upon the defendant's having committed a legally cognizable tort upon the [individual] who suffers bodily injury ." Bowen v. Kil-Kare, Inc. (1992), 63 Ohio St.3d 84, 93. Since plaintiff has failed to prove her claims of medical negligence and wrongful death, her loss of consortium claim must also be denied. Accordingly, judgment shall be rendered in favor of defendant.
JUDGMENT ENTRY
This case was tried to the court on the issue of liability. The court has considered the evidence and, for the reasons set forth in the decision filed concurrently herewith, judgment is rendered in favor of defendant. Court costs are assessed against plaintiff. The clerk shall serve upon all parties notice of this judgment and its date of entry upon the journal.
J. CRAIG WRIGHT Judge
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