Fortuna v. Ohio State University Hospitals

Petree, Judge.

{¶ 1} Plaintiff-appellant, Vicki Fortuna, individually and as executor of the estate of Stephen J. Fortuna, appeals from a judgment of the Court of Claims of Ohio, finding Dr. Larry C. Martin to be entitled to civil immunity pursuant to R.C. 9.86 and 2743.02(F). For the following reasons, we reverse the judgment of the Court of Claims and remand this matter to that court.

{¶ 2} On June 12, 2001, plaintiff filed, in the Court of Claims of Ohio, a medical malpractice action against the Ohio State University Hospitals (“OSUH”). An amended complaint was filed on July 5, 2001.…