Rosenshine v. Medical College Hospitals

Petree, Judge.

{¶ 1} Plaintiff, Dawn Rosenshine, and defendant, Medical College Hospitals (“MCH”), both appeal from a judgment of the Court of Claims of Ohio, finding Blair P. Grubb, M.D., to be entitled to personal immunity pursuant to R.C. 9.86 and 2743.02(F). For the reasons that follow, we reverse the judgment of the trial court and remand this matter to that court.

{¶ 2} On April 24, 1998, Rosenshine, the executor of the estate of Theresa A. Dougherty, filed a complaint in the Court of Claims of Ohio against MCH, alleging medical malpractice. On the same day, Rosenshine filed a companion…