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Spangenberg Shibley & Liber, LLP | Jun 22, 2012

Ruling Allows Re-Trial Of Suit Against Toledo Hospital

Categories: Articles

The law offices of Spangenberg Shibley & Liber LLP are pleased to announce a recent ruling that will allow them to pursue a medical claim against Toledo Hospital.

The facts of the case are clear. The firm's client, Gary Tisdale, was admitted to the hospital for abdominal surgery in 2002. His physicians ordered staff to apply external pressure leg cuffs post-surgery to prevent deep vein thrombosis, a condition where blood clots form in a deep vein, most commonly in the legs. Unfortunately, hospital staff failed to apply the external pressure cuffs and, as a result, a clot formed, dislodged, and caused a pulmonary embolism. Surgeons acted quickly to remove the clot from Mr. Tisdale's lungs, but not before he suffered blindness and brain damage. He sued Toledo Hospital for his injuries.

At a trial held in March 2007, the jury found that the hospital's nursing staff was negligent but found that their negligence did not cause Mr. Tisdale's injuries. The Court of Appeals reversed that ruling by finding that the jury selection process was tainted and sent the case back to the trial court for a second trial.

Before the re-trial, the hospital argued that it could not be held vicariously liable for the actions of nursing staff who had not been named as defendants in the lawsuit and that, as a result, the claims against the hospital were barred by the statute of limitations. The trial court agreed and dismissed Mr. Tisdale's claims.

The Ohio Sixth Appellate District Court again disagreed with the trial court, finding that the hospital can in fact be held vicariously liable for the actions of its nursing staff who were not named as defendants in the lawsuit and that Mr. Tisdale's claims were not time-barred. The case was again sent back to the trial court for a re-trial.

"We hope that we will now be able to prevail against the hospital on behalf of this deserving and devastatingly injured client," stated Spangenberg managing partner Peter Weinberger who has represented Mr. Tisdale and his family with co-counsel, David Goldense.

A Medical Malpractice Attorney Can Help

If you or someone you love has been injured due to the negligence of a physician or other medical professional, contact an attorney at Spangenberg Shibley & Liber, LLP. One of our attorneys can assess your case and help you get the compensation for medical bills, lost wages, and pain and suffering you deserve. For more information, contact us today.