A medical malpractice lawsuit against the Ohio University Heritage College of Osteopathic Medicine was voluntarily dismissed Monday after an agreement between the college and the plaintiffs.
Arthur and Ethel Tuttle, of Plymouth, Ohio, filed the lawsuit in February 2011, claiming that Dr. Barry Zadeh committed negligent medical services against Ethel when he treated her in February 2010, according to court documents.
Arthur consulted with Zadeh’s attorney and then filed a stipulation with OU-HCOM for the case to be dismissed because Zadeh was not an employee of the college during the treatment, according to court documents.
Ethel passed away Oct. 28, 2011, and Arthur is handling her estates, according to court documents.
Zadeh treated Ethel at Mercy Willard Hospital in Huron County. The Tuttles claimed that Zadeh “held a formal and/or informal clinical position at Ohio University,” at the time of the treatment.
Because they believed he held that position, the Tuttles could not sue Zadeh in the Huron County Court of Common Pleas because it gave him immunity as a state employee.
The Tuttles then filed suit in the Ohio Court of Claims, which would have jurisdiction for state employees, and requested $75,000 in damages.
The Tuttles claimed in court documents that Ethel suffered permanent injury and loss when Zadeh treated her negligently for vascular complications.
The court of claims is reserved for lawsuits against state employees or institutions and, because Zadeh was not a state employee at the time of the treatment, the court cannot legally handle the case.
Zadeh also does not have immunity in the Huron County court, according to the Ohio Revised Code, giving Arthur the opportunity to file a lawsuit in that court.
ml147009@ohiou.edu
