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Ohio Woman Sues Surgeon after Husband Dies Following Surgery

Two Cleveland surgeons have been sued for medical malpractice but may be immune from liability, since the medical procedure was performed through a university teaching curriculum.

Ohio University was named a defendant in the suit since the doctors were teaching medical residents from the OU's College of Osteopathic Medicine (COM). In addition, the state of Ohio could be liable, according to the Athens Messenger.

Dr. Rick Gemma and Dr. Roger Classen were general surgeons who operated on Edward Balcerzak at South Pointe Hospital in Cuyahoga County near Cleveland. Balcerzak underwent a surgical laparoscopic-assisted hemicolectomy performed by Dr. Gemma. Nine days after the surgery, Balcerzak died after vomiting and aspirating. The lawsuit blames the doctors for carelessness and negligence.

The lawsuit goes on to say the doctors improperly delegated post-operative orders, failed to diagnose/respond to their patient’s digestive dysfunction and failed to insert a gastric tube to prevent Balcerzak from vomiting and aspirating.

The Ohio Court of Claims will decide whether the university is liable for the doctors' alleged actions.

Recent Court Decision Could Protect Surgeons

Last year, the Ohio Supreme Court ruled a private doctor employed as an instructor at a state university medical school was acting as a state employee. The court found if there is a private doctor treating a private patient under private insurance, and that doctor is also teaching, then that doctor is immune from being sued outside the state claims court," according to Messenger reports.

That ruling concerns Christian Patno, attorney for the plaintiffs. "If people are aware their doctor is immunized, they have to understand how it interferes with their rights to sue for malpractice," he said, explaining doctors don't have to disclose their teaching affiliations to patients, or explain to patients they are not personally liable.

Gemma and Classen are adjunct faculty at OU-COM, through the Centers of Osteopathic Research and Education (CORE) network. The CORE network is a group of hospitals in which OU-COM students complete internships and residencies, the Messenger reported.

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