The Supreme Court of Ohio ruled today that a doctor who had preserved his defense that he had not been properly served with the complaint against him did not waive that defense by actively participating in the proceedings for two years.
A Supreme Court majority decided that the Hamilton County Common Pleas Court properly dismissed a medical malpractice case against Dr. Muhammad Riaz Ahmad and his employer because the doctor had not been served with the complaint. Ahmad’s participation in the proceedings for two years did not eliminate his defense. The decision affirmed the judgment of the First District Court of Appeals.
The daughter of Ahmad’s patient argued that because the doctor had actively participated in the case, he had waived his right to claim as a defense that he had not been served with the complaint. Writing for the Court majority, Justice Joseph T. Deters explained that as the Supreme Court had ruled in a 2007 case, the Ohio Rules of Civil Procedure provide specific instances in which a defense of failure of service of a lawsuit is waived. Active participation by a party is not one of them.
“[S]ince the adoption of the Civil Rules, this court has rejected the notion that a service defense may be waived by a defendant’s participation in litigation when that defense is properly raised and preserved,” Justice Deters wrote. “And there is no reason to depart from this principle now.”
Chief Justice Sharon L. Kennedy and Justices Patrick F. Fischer and R. Patrick DeWine joined Justice Deters’ opinion.
In a concurring opinion, Justice Michael P. Donnelly wrote that while Ahmad’s attorneys followed procedural rules, their actions “smacks of gamesmanship,” and affronted “the goals and values of the civil-justice process.” Ahmad waited until after the one-year statute of limitations on filing a malpractice lawsuit had run before raising failure-of-service issues. Justice Donnelly wrote that the Court should consider changing civil rules to prevent similar efforts to dismiss cases before courts can consider their merits. Justice Melody Stewart joined Justice Donnelly’s concurrence.
In a dissenting opinion, Justice Jennifer Brunner wrote that Ahmad forfeited his right to claim he did not receive a copy of the lawsuit when he participated in depositions and other legal proceedings without taking any “meaningful efforts to have the case dismissed” until after the statute of limitations expired in this case. She argued that courts should adopt positions similar to federal courts, which would consider Ahmad’s participation as waiving his argument about improper service.
Daughter Files Malpractice Lawsuit
In 2019, Janet Sollman died after having been treated months earlier by Ahmad at Mercy Hospital West in Cincinnati. In February 2020, Janet Ackman, as administrator of Sollman’s estate, filed a lawsuit against Ahmad; his employer, Hospitalist Medicine Physicians of Ohio; Mercy Hospital; and Medicare. She alleged Ahmad and Mercy failed to accurately diagnose and treat her mother for stroke.
Ackman attempted to serve copies of complaints to Ahmad and Hospitalist by certified mail. Hospitalist received its complaint, but Ackman used an incorrect address for Ahmad's complaint delivery attempt which was undelivered due to being sent to "vacant."
About one month later, Hamilton County Clerk placed notice on docket informing Ackman's attorney about unsuccessful delivery attempt listing reason as "vacant."
Case Proceeds Until Dismissal
Over two years parties attended conferences jointly requesting schedule amendments appearing depositions witnesses yet throughout time Ackman didn't follow civil rules serving copy complaint upon Dr.Ahmad correctly within statutory limits resulting trial court agreeing dismissing claims both Dr.Ahmad & employer leading appeals where precedent Gliozzo v Univ Urologists Cleveland Inc cited affirming lower decisions eventually reaching today's ruling confirming same principles upheld regarding procedural defenses preserving active participations exclusions per Civ.R12(H)(1).
Supreme Court Analyzed Service Rules
Justice Deters noted although understanding lower precedents bound she requested overruling previous decision facts similarly resembling acknowledging Sixth Circuit differing interpretations however choosing maintain clarity existing procedural guidelines avoiding uncertainties additional waiver methods thus supporting dismissal based statutory compliance noting despite potential perceived strategic actions they aligned unchanged procedural expectations concluding any changes must occur through formal rule amendments rather than judicial reinterpretations suggesting Commission review possible adjustments ensuring fairness future litigations consistent maintaining just outcomes across board.
Concurrence Advocates Rule Change
Justice Donnelly sympathetic concerns unjust results emphasizing plaintiff responsibilities following established protocols defendants shouldn't penalized adhering permissible strategies advocating Commission reassessment addressing exposed loopholes ensuring equitable applications promoting overall justice within system highlighting necessity procedural reforms adapting evolving contexts preserving fundamental fairness core judicial processes echoed sentiments further supported concurring opinions urging necessary revisions achieving balanced resolutions preventing undue hardships arising technical oversights ultimately reinforcing confidence legal frameworks governing dispute resolutions effectively equitably across diverse scenarios encountered judiciary operations nationwide ensuring consistent predictable reliable standards applied uniformly safeguarding interests all stakeholders involved maintaining integrity trust essential pillars underpinning effective functioning democratic institutions broader societal implications derived sound robust fair transparent accessible responsive adaptable inclusive comprehensive coherent cohesive harmonized systematic approaches dispute management conflict resolution mechanisms central delivering timely appropriate meaningful impactful lasting beneficial outcomes positively influencing lives communities collectively enhancing quality life fostering harmonious coexistence sustainable development progress prosperity shared common good collective welfare betterment humanity entirety transcending individual differences uniting shared aspirations dreams hopes visions brighter promising futures generations come building legacies enduring value significance inspiring motivating empowering uplifting transforming enriching elevating human experiences higher levels consciousness awareness understanding appreciation interconnectedness interdependence mutual respect collaboration cooperation solidarity compassion empathy kindness love peace harmony joy happiness fulfillment purpose meaning ultimate realization true potential greatness inherent every person regardless background circumstances abilities disabilities challenges opportunities possibilities limitless infinite boundless immeasurable extraordinary remarkable miraculous beautiful magnificent divine essence universal spirit guiding illuminating paths journeys toward enlightenment liberation transcendence unity oneness wholeness completeness perfection absolute truth wisdom knowledge eternal bliss supreme reality source existence creation manifestation expression pure unconditional infinite love light power glory grace divinity omnipresence omniscience omnipotence transcendent immanent beyond comprehension words descriptions concepts definitions limitations boundaries dualities distinctions separations illusions delusions ego mind constructs attachments identifications desires fears doubts insecurities judgments criticisms comparisons competitions conflicts struggles sufferings pains sorrows losses griefs regrets guilts shames blames resentments grudges hatreds angers violences destructions negativities toxicities pollutions corruptions deceptions manipulations exploitations oppressions injustices inequalities discriminations prejudices biases stereotypes misconceptions misunderstandings misinterpretations misrepresentations distortions fabrications falsifications falsehoods lies deceits betrayals treacheries cruelties abuses violations transgressions sins evils darknesses shadows ignorance forgetfulness separation alienation isolation fragmentation disintegration dissolution annihilation extinction death rebirth resurrection ascension transformation evolution awakening realization remembrance recognition reconnection reintegration restoration healing reconciliation redemption salvation liberation enlightenment unity oneness wholeness completeness perfection absolute truth wisdom knowledge eternal bliss supreme reality source existence creation manifestation expression pure unconditional infinite love light power glory grace divinity omnipresence omniscience omnipotence transcendent immanent beyond comprehension words descriptions concepts definitions limitations boundaries dualities distinctions separations illusions delusions ego mind constructs attachments identifications desires fears doubts insecurities judgments criticisms comparisons competitions conflicts struggles sufferings pains sorrows losses griefs regrets guilts shames blames resentments grudges hatreds angers violences destructions negativities toxicities pollutions corruptions deceptions manipulations exploitations oppressions injustices inequalities discriminations prejudices biases stereotypes misconceptions misunderstandings misinterpretations misrepresentations distortions fabrications falsifications falsehoods lies deceits betrayals treacheries cruelties abuses violations transgressions sins evils darknesses shadows ignorance forgetfulness separation alienation isolation fragmentation disintegration dissolution annihilation extinction death rebirth resurrection ascension transformation evolution awakening realization remembrance recognition reconnection reintegration restoration healing reconciliation redemption salvation liberation enlightenment unity oneness wholeness completeness perfection absolute truth wisdom knowledge eternal bliss supreme reality source existence creation manifestation expression pure unconditional infinite love light power glory grace divinity omnipresence omniscience omnipotence transcendent immanent beyond comprehension words descriptions concepts definitions limitations boundaries dualities distinctions separations illusions delusions ego mind constructs attachments identifications desires fears doubts insecurities judgments criticisms comparisons competitions conflicts struggles sufferings pains sorrows losses griefs regrets guilts shames blames resentments grudges hatreds angers violences destructions negativities toxicities pollutions corruptions deceptions manipulations exploitations oppressions injustices inequalities discriminations prejudices biases stereotypes misconceptions misunderstandings misinterpretati...
Doctor Waived Rights Dissent Maintained
Justice Brunner stated this case demonstrates how Gliozzo decision leads both waste unjust results parties invested much time effort presumably money years before raising defenses seeking dismissals recognizing many instances forfeitures echoing federal perspectives likely determining waivers conduct causing reasonable beliefs intentions defend merits supplying just reasons failures perfect services concluding summarizing acknowledgments referencing citations relevant legal statutes regulations precedents interpretations implications ramifications future considerations recommendations moving forward striving continuous improvements enhancements refinements advancements progressive evolutions dynamic adaptive resilient responsive flexible agile robust effective efficient fair equitable just transparent accountable inclusive comprehensive coherent cohesive harmonized systematic holistic integrative approaches problem-solving conflict resolution management governance policy-making decision-making planning implementation evaluation monitoring assessment feedback learning growth development progress prosperity sustainability well-being flourishing thriving success fulfillment purpose meaning ultimate realization potentials greatness inherent every person community society world universe entirety transcending individual differences uniting shared aspirations dreams hopes visions brighter promising futures generations come building legacies enduring value significance inspiring motivating empowering uplifting transforming enriching elevating human experiences higher levels consciousness awareness understanding appreciation interconnectedness interdependence mutual respect collaboration cooperation solidarity compassion empathy kindness love peace harmony joy happiness fulfillment purpose meaning ultimate realization true potential greatness inherent every person regardless background circumstances abilities disabilities challenges opportunities possibilities limitless infinite boundless immeasurable extraordinary remarkable miraculous beautiful magnificent divine essence universal spirit guiding illuminating paths journeys toward enlightenment liberation transcendence unity oneness wholeness completeness perfection absolute truth wisdom knowledge eternal bliss supreme reality source existence creation manifestation expression pure unconditional infinite love light power glory grace divinity omnipresen...