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Likes v. Richland Correctional Institution2/7/2005
Magistrate Steven A. Larson
DECISION
{ } On December 29, 2004, defendant filed a motion for summary judgment. On January 12, 2005, plaintiff filed a response. The case is now before the court for a non-oral hearing on the motion for summary judgment. Civ.R. 56(C) and L.C.C.R. 4.
{ } Civ.R. 56(C) states, in part, as follows:
{ } " * Summary judgment shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, written admissions, affidavits, transcripts of evidence, and written stipulations of fact, if any, timely filed in the action, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. No evidence or stipulation may be considered except as stated in this rule. A summary judgment shall not be rendered unless it appears from the evidence or stipulation, and only from the evidence or stipulation, that reasonable minds can come to but one conclusion and that conclusion is adverse to the party against whom the motion for summary judgment is made, that party being entitled to have the evidence or stipulation construed most strongly in the party's favor. *" See, also, Williams v. First United Church of Christ (1974), 37 Ohio St.2d 150; Temple v. Wean United, Inc. (1977), 50 Ohio St.2d 317.
{ } It is not disputed that plaintiff was an inmate in the custody and control of defendant at defendant's Richland Correctional Institution at all times relevant to this action. R.C. 5120.16. In plaintiff's complaint, plaintiff alleges that defendant failed to provide him adequate medical care for his lower back injury and chronic hepatitis C.
{ } In order to prevail on a claim of medical malpractice or professional negligence, pursuant to Bruni v. Tatsumi (1976), 46 Ohio St.2d 127, plaintiff must first prove:
{ } 1) The standard of care recognized by the medical community;
{ } 2) The failure of defendant to meet the requisite standard of care;
{ } 3) A direct causal connection between the medically negligent act and the injury sustained.
{ } The appropriate standard of care must be proven by expert testimony. Id. at 130. The expert testimony must explain what a medical professional of ordinary skill, care, and diligence in the same medical specialty would do in similar circumstances. Id.
{ } In support of the motion for summary judgment, defendant submitted the affidavit of Kenneth Williams M.D., a medical professional employed by defendant. Dr. Williams' affidavit provides in relevant part:
{ } " *. I am familiar with the ailments of Ronald Likes and I am his treating physician at the Richland Correctional Institution. Ronald Likes was admitted to my care after complaints of back pain during his tenure as an inmate at Richland Correctional Institution.
In response to his complaints of pain in conjunction with prior documentation of injury, an electromyogram nerve conduction study was conducted on February 18, 2004 to determine if any injuries or conditions remained present. Major nerves in both of Ronald Likes' legs were tested and all results were normal. Additionally, a lumbar spine x-ray obtained on July 24, 2003 was normal. * Because all test results were normal, no further testing was required. Ronald Likes' complaints of back pain are treated as they occur with non-addictive pain relievers. Ronald Likes continues to be monitored for permanent hepatitis C infection. * Liver tests conducted in October of 2004 and June of 2004 yielded predominantly normal results with the exception of slightly elevated ammonia levels. * Ronald Likes' present condi
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