Recently on September 13, 2016, Ohio’s 10th Appellate District held that the Franklin County Court of Common Pleas did not err in ordering a Columbus nursing home to hand over its quality indicator reports and facility key indicator reports in a wrongful death action against the nursing home. (Fravel v. Columbus Rehab. & Subacute Inst., 2016-Ohio-5807.) To read this decision, click here.
In the case, following a two-month hospitalization for a ruptured brain aneurysm, Jack Fravel became a resident of Columbus Rehabilitation and Subacute Institute nursing home in Columbus, Ohio in May, 2013. Unfortunately, Mr. Fravel developed a pressure ulcer that became infected and resulted in his death on January 1, 2014. His son, Richard Fravel, brought suit against the nursing home claiming that his father died due to inadequate care by the nursing home.
On December 12, 2014, Richard Fravel requested important quality indicator reports and facility key indicator reports of the nursing home to support his claim. The nursing home refused, claiming a “peer review privilege.” The trial court ordered the nursing home to produce the reports. The nursing home appealed the decision.
The 10th District Court of Appeals heard the appeal and concluded that the trial court was correct. The nursing home reports were not privileged because Columbus Rehabilitation and Subacute Institute did not show that they were those of a peer review committee pursuant to Ohio R.C. 2305.252
Attorney Pamela A. Borgess, the founder of Borgess Law, LLC, is an experienced trial attorney who focuses on civil litigation, including nursing home abuse, defective medical drugs/devices, defective consumer products, business/contract disputes, wrongful death and injury, and car and truck accidents cases. To speak with Attorney Borgess, call Borgess Law at (567) 455-5955 or toll-free at (844) LAW-9144. You can also contact Borgess Law by submitting an online inquiry. Borgess Law never charges for initial consultations.