Purcell v. Lorain Corr. Inst.

[Cite as Purcell v. Lorain Corr. Inst., 2011-Ohio-3873.]
Court of Claims of Ohio
The Ohio Judicial Center
65 South Front Street, Third Floor
Columbus, OH 43215
614.387.9800 or 1.800.824.8263
www.cco.state.oh.us
JAMES E. PURCELL
Plaintiff
v.
LORAIN CORRECTIONAL INSTITUTION
Defendant
Case No. 2011-02239-AD
Deputy Clerk Daniel R. Borchert
MEMORANDUM DECISION
FINDINGS OF FACT
{¶ 1} Plaintiff, James Purcell, an inmate formerly incarcerated at defendant’s
Lorain Correctional Institution (LorCI), filed this action alleging that he was not informed
until 2010 that he had tested positive for syphilis, a sexually-transmitted disease, while
he was an inmate at LorCI in 2006. Plaintiff asserts he unknowingly transmitted the
disease to his wife after he was released from prison in 2008. In his complaint, plaintiff
requested damages in the amount of $2,500.00, the statutory maximum damage
amount allowed under R.C. 2743.10. Payment of the filing fee was waived.
{¶ 2} Defendant submitted an investigation report admitting liability and
acknowledging that plaintiff suffered damages in the amount of $2,500.00. Plaintiff filed
a response stating he was in agreement with the investigation report.
CONCLUSIONS OF LAW
{¶ 3} To establish a claim of medical malpractice, plaintiff “must show the
existence of a standard of care within the medical community, breach of that standard of
care by the defendant, and proximate cause between the medical negligence and the
injury sustained.” Taylor v. McCullough-Hyde Mem. Hosp. (1996), 116 Ohio App. 3d
595, 599, 688 N.E. 2d 1078; citing Bruni v. Tatsumi (1976), 46 Ohio St. 2d 127, 346
N.E. 2d 673. These elements must be established by expert testimony unless the
negligent conduct “is so apparent as to be within the comprehension of laymen and
requires only common knowledge and experience to understand and judge it.” Bruni, at
130.
{¶ 4} “The failure to establish the recognized standard of the medical
community by expert testimony is fatal to a malpractice case. Id. The only exception to
this rule is where the lack of skill or care of the physician is so apparent as to be within
the comprehension of the layman.” Steinmetz v. Lowry (1984), 17 Ohio App. 3d 116,
118-119, 17 OBR 179, 477 N.E.2d 671. The court finds such exception is present in the
instant matter.
{¶ 5} Liability on the part of defendant has been established in failing to notify
plaintiff in a timely manner that he had tested positive for syphilis. Defendant is liable to
plaintiff in the amount of $2,500.00.
Court of Claims of Ohio
The Ohio Judicial Center
65 South Front Street, Third Floor
Columbus, OH 43215
614.387.9800 or 1.800.824.8263
www.cco.state.oh.us
JAMES E. PURCELL
Plaintiff
v.
LORAIN CORRECTIONAL INSTITUTION
Defendant
Case No. 2011-02239-AD
Deputy Clerk Daniel R. Borchert
ENTRY OF ADMINISTRATIVE
DETERMINATION
Having considered all the evidence in the claim file and, for the reasons set forth
in the memorandum decision filed concurrently herewith, judgment is rendered in favor
of plaintiff in the amount of $2,500.00. Court costs are assessed against defendant.
DANIEL R. BORCHERT
Deputy Clerk
Entry cc:
James E. Purcell, #583-881 Gregory C. Trout, Chief Counsel
940 Marion Correctional Camp Department of Rehabilitation
Marion, Ohio 43302-0057 and Correction
770 West Broad Street
Columbus, Ohio 43222
SJM/laa
4/7
Filed 4/25/11
Sent to S.C. reporter 8/5/11