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Johnson v. Pohlman7/14/2005
{ } Paula Johnson, the executor of the estate of Paul Adkins, brought this medical-malpractice suit against several doctors involved in Adkins's medical treatment before his death. To state the case in very general terms, the estate alleged that doctors misdiagnosed Adkins with adrenal lymphoma (which is usually fatal), when in fact, he had histoplasmosis, a treatable disease. The basis of the malpractice claim is that an oncologist failed to perform a biopsy of Adkins's adrenal gland to rule out lymphoma. The estate brought suit against a number of Stark County physicians (Adkins lived in Stark County) and defendant Brad Pohlman, M.D., a physician practicing out of the Cleveland Clinic. The court eventually granted summary judgment to Pohlman and, finding Pohlman a "nominal" party, held that venue in Cuyahoga County was no longer proper and ordered the case transferred to Stark County. The court specified no just reason for delay and the estate appeals from the summary judgment.
I.
{ } As a preliminary matter, we must address a motion to dismiss the appeal that was filed by all remaining defendants. The motion argues that we lack jurisdiction to hear the appeal because an order transferring venue to another jurisdiction is not a final, appealable order under R.C. 2505.02.
{ } It is true that an order transferring a case for want of venue is not a final, appealable order. See State ex rel. Lyons v. Zaleski (1996), 75 Ohio St.3d 623, 625. However, the order transferring the cause is not the basis for appeal here. The estate's sole assignment of error complains of the summary judgment-no mention is made of the transfer order. There is no doubt that we have jurisdiction to hear an appeal relating to a summary judgment rendered by a judge of the Cuyahoga County Court of Common Pleas. Indeed, no other appellate district would have jurisdiction to do so. That being the case, the motion to dismiss the appeal is denied.
II.
{ } The main issue on appeal concerns the summary judgment granted to Pohlman. In its order granting summary judgment, the court found that the issue was "whether a plaintiff in a medical malpractice action may bring a case before a jury when the plaintiff's evidence produced during discovery does not support the plaintiff's expert's report and testimony that the defendant breached a standard of care owed to the plaintiff and that breach caused an alleged injury." The court answered its own question in the negative, finding that "it is difficult to comprehend how anyone, especially a physician, could find a causal connection to Adkins' injuries" based upon Pohlman's actions.
{ } Civ.R. 56(C) permits the court to enter summary judgment when (1) no genuine issues as to any material fact remain to be litigated, (2) the moving party is entitled to judgment as a matter of law, and (3) it appears from the evidence that reasonable minds can come but to one conclusion, and viewing such evidence most strongly in favor of the party against whom the motion for summary judgment is made, that conclusion is adverse to that party. When reviewing a motion for summary judgment, we are required to view the facts in a light most favorable to the nonmoving party. Id.
{ } In 1998, an oncologist treating Adkins made a differential diagnosis of "metastatic cancer or primary process in the adrenal glands or lymph nodes or spleen like a lymphoproliferative disorder or lymphoma." At the time, Adkins had liver disease, as well as enlarged lymph nodes, adrenal glands, and spleen. He had a persistent fever, weight loss, anemia, and a lowered white-blood-cell count. The doctor believed that he could confirm that diagnosis with a biop
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