Buffmyer v. Cavalier, Unpublished Decision (6-23-2004)

OPINION

{¶ 1} On September 23, 2002, Bernice Wise filed a medical malpractice complaint against several defendants, including appellant, Samaritan Regional Health System. Ms. Wise claimed while at appellant's facility, Dr. G. Samuel Cavalier accidentally injected Hypaque dye into her lumbar spine causing muscle spasms, paralysis, incontinence and pain. On or about October 4, 2003, Ms. Wise passed away. Substituted in place of Ms. Wise was appellee, Brenda Buffmyer, Administrator of the Estate of Bernice Wise.

{¶ 2} On October 9, 2003, appellee filed subpoenas to depose appellant's attorney,…