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SMITH v. OHIO STATE UNIV. HOSP.

Nos. 95API08-1035, 95API08-1055.

110 Ohio App.3d 412 (1996)

SMITH, Appellee, v. OHIO STATE UNIVERSITY HOSPITALS, Appellant, et al. SMITH, Appellant, v. OHIO STATE UNIVERSITY HOSPITALS et al., Appellees.

Court of Appeals of Ohio, Tenth District, Franklin County.

Decided April 16, 1996.

Attorney(s) appearing for the Case

Abraham Law Offices and Rick J. Abraham; Barkan & Neff and Sanford A. Meizlish, for Claude E. Smith.

Betty D. Montgomery, Attorney General; Emens, Kegler, Brown, Hill & Ritter, L.P.A., William J. Brown and Karl W. Schedler, for Ohio State University Hospitals.

Betty D. Montgomery, Attorney General, and Peter E. DeMarco, Assistant Attorney General, for Ohio Department of Rehabilitation and Correction.

Hammond Law Office and Frederick A. Sewards, for Jeffrey P. York, M.D.

TYACK, Judge.

Claude E. Smith was an inmate under the control of the Ohio Department of Rehabilitation and Correction. Apparently, as the result of confusing Smith with another inmate with a similar name, unnecessary surgery was performed on Smith. As a result, Smith filed a lawsuit.

The Ohio Department of Rehabilitation and Correction has a contract with the Ohio State University Hospitals ("University Hospitals"). University Hospitals in turn has a contract...

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