Law School Case Brief
Sherman v. Millhon - No. 92AP-89 (ACCELERATED CALENDAR), 1992 Ohio App. LEXIS 3171 (Ct. App. June 16, 1992)
A court of appeals is bound by and must follow decisions of the Ohio Supreme Court, which are regarded as law unless and until reversed or overruled.
Plaintiff, Jean E. Sherman, filed a malpractice complaint against Dr. William A. Millhon. Sherman contended that Millhon committed malpractice by failing to diagnose her deceased husband’s lung cancer at the time of the routine physical examination two years before the cancer was discovered. Sherman further contended that had the lung cancer been discovered at that time, the decedent would have had a forty percent chance of survival. The trial court ruled in favor of Millhon. Sherman appealed, arguing that the “loss of chance” doctrine should have applied.
Did the trial court err in its decision to rule in favor of Dr. Millhon?
The Ohio Court of Appeals affirmed the judgment of the trial court, holding that Sherman did not produce evidence that with proper diagnosis, treatment, and surgery, the decedent probably would have survived.
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