OHCA to File Brief in Ohio Supreme Court Case

The OHCA Board has authorized its counsel, Rolf Goffman Martin Lang Co., L.P.A. to file a brief supporting the review of Conkin vs. Glencare Center by the Ohio Supreme Court on behalf of all OHCA members. This case involves a fall from a Hoyer lift during a shower transfer. The resident’s guardian sued the nursing facility 18 months after the incident occurred, which is outside of the one year statute of limitations for medical claims. The trial court dismissed the case as being time-barred by the one year statute of limitations. However, the Court of Appeals of Hamilton County reversed the lower court’s ruling finding that the claim was not a medical claim and, therefore, not barred by the one year statute of limitations. OHCA believes that the Court of Appeals’ conclusion goes against the long-standing judicial interpretation that all hands on care delivered within the nursing facility is “medical” in nature, and that the decision should be reversed by the Ohio Supreme Court as it has the potential to have wide-ranging negative impact on long term care.