Moore v. Covenant Care Ohio, Inc., 2014-Ohio-4113
In Moore v. Covenant Care Ohio, Inc., 2014-Ohio-4113, the Ohio Supreme Court reversed the Lucas County Court of Common Pleas in Toledo, Ohio. This case was a wrongful death case involving a nursing home resident who ended up with a pulmonary embolism as a result of her medications for blood clots not being properly dispensed. The providers of medical services, including the providers dispensing pharmaceuticals, have a duty to provide pharmaceutical services to the patient and a duty to exercise reasonable care in providing the pharmaceutical services and in the dispensing and labeling of medicines. The breach of this duty can result in pharmaceutical liability under Ohio wrongful death law. In this case, the Lucas County Court of Common Pleas in Toledo, Ohio had granted a motion for summary judgment and also excluded a pharmacy expert’s report and the Court of Appeals reversed and allowed the opinion from the expert and said that there were factual issues remaining and that summary judgment was not proper.
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