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plaintiffdamagesnegligencetrialmotionmalpracticeduty of care
plaintiffdefendantmalpracticeduty of care

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Siebe v. University of Cincinnati, 117 Ohio Misc.2d 46, 766 N.E.2d 1070, 2001-Ohio-4109

Facts

In October 1994, Donna Siebe developed end-stage renal failure and required a kidney transplant. Her brother, Charles Smithers, was a suitable donor. On June 8, 1995, during the surgery at the University of Cincinnati, a central venous line (CVL) was improperly placed by a trainee nurse anesthetist under inadequate supervision. Following the surgery, Donna experienced severe complications due to the misplacement of the CVL, which ultimately led to her death later that evening. The court found that the hospital failed to follow proper protocols regarding the placement and monitoring of the CVL.

On June 8, 1995, final preparations were made for the two surgeries. The first surgery was to remove Smithers's left kidney, and the second surgery was to transplant that kidney into Donna. With respect to Donna's surgery, Dr. Janet Torpy, the attending anesthesiologist, was scheduled to insert a central venous line ('CVL') into Donna's right jugular vein. At the time of the surgery, Dr. Torpy was called away to an emergency and left the operating room. Dr. Dirk Younker, a staff anesthesiologist, began preparations for insertion of the CVL but he too was called to an emergency.

Issue

Did the University of Cincinnati breach its duty of care in the placement of the central venous line, and did this breach proximately cause the death of Donna Siebe?

Did the University of Cincinnati breach its duty of care in the placement of the central venous line, and did this breach proximately cause the death of Donna Siebe?

Rule

To establish a claim for medical malpractice, a plaintiff must prove that the injury was caused by a deviation from the standard of care that a physician or surgeon of ordinary skill would have followed under similar circumstances.

In order to prove the claim for personal injury due to defendant's alleged medical malpractice, plaintiffs must prove 'that the injury complained of was caused by the doing of some particular thing or things that a physician or surgeon of ordinary skill, care and diligence would not have done under like or similar conditions or circumstances, or by the failure or omission to do some particular thing or things that such a physician or surgeon would have done under like or similar conditions and circumstances, and that the injury complained of was the direct and proximate result of such doing or failing to do some one or more of such particular things.'

Analysis

The court determined that the hospital breached its duty of care by allowing a resident to supervise the placement of the CVL by a trainee nurse anesthetist, which was against hospital policy. The evidence showed that the CVL was improperly placed, leading to complications that caused Donna's death. The court found that the hospital's failure to ensure proper placement and follow-up care constituted negligence.

The court further finds that the misplacement of the CVL and the lack of follow-up care by defendant proximately caused a hydrothorax to develop in Donna's chest cavity, and because the replacement fluid was not delivered to the circulatory system where it was intended, Donna developed hypovolemia. The court further finds that the hydrothorax caused pressure on the heart and major vessels, which, in combination with hypovolemia, led to Donna's cardiac arrest and death.

Conclusion

The court ruled in favor of the plaintiffs, finding that the University of Cincinnati was liable for the wrongful death of Donna Siebe and for the personal injury claim of her brother, Charles Smithers. The claims for negligent infliction of emotional distress were held in abeyance for a future trial on damages.

Judgment shall be rendered in favor of plaintiffs on their claims for the wrongful death and personal injury of Donna, and for Smithers's claim of personal injury.

Who won?

Plaintiffs (Daniel Siebe and Charles Smithers) prevailed in the case because the court found that the hospital breached its duty of care, which proximately caused Donna Siebe's death and Smithers's personal injury.

The court concludes that plaintiffs have proven by a preponderance of the evidence that defendant breached its duty of care to Donna in allowing a resident to supervise a trainee nurse anesthetist in the placement of the CVL.

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