Legal Opinion

Schelling v. Humphrey

Ohio Supreme Court

Decided August 26, 2009No. 2007-2202PublishedCited by 20 opinions

1Opinion of the CourtCupp, J.

{¶ 1} This case presents the issue of whether a plaintiff can pursue a negligent-credentialing claim against a hospital without a prior finding that the plaintiffs injury was caused by the negligence of an independent-contractor physician, when the physician who is the subject of the negligent-credentialing claim has filed for bankruptcy protection.

{¶ 2} Plaintiffs, Loretta and Brent Schelling, sued Dr. Stephen Humphrey for medical malpractice arising out of two surgeries he performed on Loretta Schelling’s feet at the Community Hospital of Williams County. The Schellings also sued the…

2Cases cited7 opinions

  1. Comer v. RiskoOhio Supreme Court · 2005
  2. Albain v. Flower HospitalOhio Supreme Court · 1990
  3. Clark v. Southview Hospital & Family Health CenterOhio Supreme Court · 1994
  4. Browning v. BurtOhio Supreme Court · 1993
  5. Davis v. Immediate Medical Services, Inc.Ohio Supreme Court · 1997

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3Cited by20 opinions

  1. Evans v. Akron Gen. Med. Ctr. (Slip Opinion)Ohio Supreme Court · 2020
  2. Miller v. NWD 355 McConnell, L.L.C.Ohio Court of Appeals · 2023
  3. Poe v. Univ. of CincinnatiOhio Court of Appeals · 2013
  4. Sterling Contracting, L.L.C. v. Main Event Entertainment, L.P.Ohio Court of Appeals · 2022
  5. Elaine Joyce Loeffel v. Eric M. Dash, M.D., Personally, Individually and Vicariously for any Person Or Entities for Whom He May Be Legally Responsible and Board of Trustees of the Memorial Hospital of Carbon County, a Body Corporate and Their Employees, Agents, And/Or Ostensible AgentsWyoming Supreme Court · 2020

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