Joshua Leach v. Ohio Department of Rehabilitation and Correction, Case No. C2010-09337

The Ohio Department of Rehabilitation and Correction settled a former Belmont Correctional Institution inmate’s medical negligence claim for $350,000 on December 28 in the Court of Claims of Ohio.

On December 22, 2008, Joshua Leach complained of leg numbness and left hand weakness to the staff and Dr. Inder Grujal at Belmont, according to a July 23, 2010 complaint filed with the Court of Claims. Rather than conduct an MRI scan of the cervical spine as recommended by the East Ohio Regional Hospital emergency room doctor who saw Leach on December 22, Dr. Grujal recommended an electromyogram/nerve conduction study first.

Results from the nerve conduction study necessitated an MRI, which was conducted seven weeks later. Leach alleged that the delay “deviated from the ordinary skill, care, and diligence of a physician under like or similar circumstances” and that Dr. Grujal “failed to timely diagnose the herniation of his spine.”

Despite a cervical fusion performed on February 17, 2009, Leach’s postoperative diagnosis was a herniated disk with myelopathy whose injuries “are permanent and disabling in nature.”

The Court of Claims is given original jurisdiction to hear and determine all civil actions filed against the State of Ohio and its agencies.

To access information on other cases visit the Court of Claims website.

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