Whittington v. Meagher, Unpublished Decision (8-17-2004)
Whittington v. Meagher, Unpublished Decision (8-17-2004)
Opinion of the Court
OPINION
{¶ 1} Plaintiff-appellant, Richard Whittington (hereinafter "appellant"), appeals from the decision and judgment entry of the Franklin County Court of Common Pleas denying his motion for summary judgment and granting summary judgment in favor of defendant-appellees, Michael J. Meagher, M.D. (hereinafter "Meagher"), and Neurological Associates (hereinafter collectively "appellees"). For the following reasons, we affirm.{¶ 2} On December 22, 2000, appellant underwent a lumbar MRI. The results of the MRI were initially interpreted by Dr. Kim. On March 9, 2001, appellant sought treatment from Dr. Westerheide. On August 29, 2001, Dr. Westerheide sought a second opinion of the MRI from Dr. Meagher. Specifically, Dr. Westerheide requested an opinion whether the lumbar spine presented any evidence of a surgical lesion. Dr. Meagher examined the MRI and reported his findings to Dr. Westerheide. He opined appellant had disk degeneration but there was no evidence of disk herniation, nerve root compression, spinal canal compression, or surgical lesion.
{¶ 3} On March 13, 2002, appellant initiated this action in the Franklin County Court of Common Pleas against appellees. Appellant claimed Dr. Meagher was negligent in his examination of the MRI which is the cause of his current and continuing pain. At no time did appellant introduce expert medical testimony to establish his claim. Appellees filed a joint motion for summary judgment on January 21, 2003. Appellant filed multiple motions in response, including motions for summary judgment. On March 27, 2003, the Franklin County Court of Common Pleas denied appellant's motions for summary judgment and granted summary judgment in favor of the appellees. Appellant appealed the decision.
{¶ 4} Appellant asserts two assignments of error:
1. The trial court erred when it entered summary judgment is granted [SIC] as to all claims asserted against defendant in plaintiff's complaint.
2. The trail [sic] court erred when it refused to granted [sic] plaintiff [sic] motion to strike and plaintiff motion for summary judgment in favor of plaintiff.
{¶ 5} Appellate review of summary judgment motions is de novo. Helton v. Scioto Cty. Bd. of Commrs. (1997),
{¶ 6} In Dresher, the Ohio Supreme Court held that a party seeking summary judgment on the ground that the nonmoving party cannot prove its case bears the initial burden to inform the trial court of the basis for the motion and identifying the portions of the record demonstrating an absence of a genuine issue of material fact. Dresher v. Burt (1996),
{¶ 7} To prove a claim of medical negligence appellant must establish: (1) what the standard of care is within the medical community; (2) that the physician breached the standard; and (3) that the physician's breach is the proximate cause of the plaintiff's injury. Bruni v. Tatsumi (1976),
{¶ 8} In the present case, Dr. Meagher provided a limited consult as a second opinion, interpreting an MRI at the request of appellant's treating physician. The proper reading of an MRI lies within the province of medically trained professionals and is outside the comprehension of a lay person's common knowledge and experience. See Fugett v. Harris (1995),
{¶ 9} In contrast, Dr. Meagher filed an affidavit affirming his compliance with the standard of care. Appellant was required to refute Dr. Meagher's affidavit with his own expert affidavits demonstrating Dr. Meagher deviated from the appropriate standard of care. See Hoffman v. Davidson (1987),
{¶ 10} Since appellant failed to produce expert testimony as to the applicable standard of care, or a deviation from that standard, he cannot establish Dr. Meagher was negligent. Therefore, the trial court did not err in granting appellees' motion for summary judgment and denying appellant's motion for summary judgment.
{¶ 11} Accordingly, appellant's first and second assignments of error are overruled and the judgment of the Franklin County Court of Common Pleas is affirmed.
Judgment affirmed.
Bryant and Klatt, JJ., concur.
Reference
- Full Case Name
- Richard Whittington v. Michael J. Meagher, M.D.
- Cited By
- 2 cases
- Status
- Unpublished