OHCA to File Brief in Ohio Supreme Court Case
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.