SCHELLING v. HUMPHREY

No. 2007-2202.

123 Ohio St.3d 387 (2009)

2009-Ohio-4175

SCHELLING ET AL., APPELLEES, v. HUMPHREY; COMMUNITY HOSPITAL OF WILLIAMS COUNTY, APPELLANT.

Supreme Court of Ohio.

Decided August 26, 2009.


Attorney(s) appearing for the Case

Williams DeClark Tuschman Co., L.P.A., Chad M. Tuschman, and Peter O. DeClark, for appellees.

Reminger Co., L.P.A., and Jeanne M. Mullin, for appellant.

Bricker & Eckler, L.L.P., Catherine M. Ballard, and Anne Marie Sferra, urging reversal for amici curiae, Ohio Hospital Association and Ohio Osteopathic Hospital Association.


CUPP, J.

{¶ 1} This case presents the issue of whether a plaintiff can pursue a negligent-credentialing claim against a hospital without a prior finding that the plaintiff's injury was caused by the negligence of an independent-contractor physician, when the physician who is the subject of the negligent-credentialing claim has filed for bankruptcy protection.

{¶ 2} Plaintiffs, Loretta and Brent Schelling, sued Dr. Stephen...

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