Husel’s attorney claims immunity to more lawsuits

Local News
Attorney_argues_Dr__Husel_immune_from_la_1_20190305043050

COLUMBUS (WCMH) – The attorney for Dr. William Husel is claiming immunity to two more lawsuits filed by families of patients who died at Mount Carmel West Hospital.

To date, 22 wrongful death lawsuits have been filed against Mount Carmel and Dr. Husel. Husel’s attorney has responded to three of those lawsuits.

is claiming immunity to two more lawsuits filed by families of patients who died at Mount Carmel West Hospital.

To date, 22 wrongful death lawsuits have been filed against Mount Carmel and Dr. Husel. Husel’s attorney has responded to three of those lawsuits.

Two of those responses came Friday, when attorney Gregory Foliano again cited two state laws that cover immunity from civil and criminal action in cases, “taken in good faith and in reliance on a health care decision,” provided certain conditions are met.

Ohio Revised Code 1337.15:

(2) Subject to division (H) of this section, an attending physician who is carrying out in good faith and in a manner consistent with divisions (C) and (E) of section 1337.13 of the Revised Code the responsibility to provide comfort care to a principal in a terminal condition or in a permanently unconscious state is not subject to criminal prosecution or professional disciplinary action and is not liable in damages in a tort or other civil action for prescribing, dispensing, administering, or causing to be administered any particular medical procedure, treatment, intervention, or other measure to the principal, including, but not limited to, prescribing, personally furnishing, administering, or causing to be administered by judicious titration or in another manner any form of medication, for the purpose of diminishing the principal’s pain or discomfort and not for the purpose of postponing or causing the principal’s death, even though the medical procedure, treatment, intervention, or other measure may appear to hasten or increase the risk of the principal’s death.

Ohio Revised Code: 2133.11:

(6) Prescribing, dispensing, administering, or causing to be administered any particular medical procedure, treatment, intervention, or other measure to a qualified patient or other patient, including, but not limited to, prescribing, personally furnishing, administering, or causing to be administered by judicious titration or in another manner any form of medication, for the purpose of diminishing the qualified patient’s or other patient’s pain or discomfort and not for the purpose of postponing or causing the qualified patient’s or other patient’s death, even though the medical procedure, treatment, intervention, or other measure may appear to hasten or increase the risk of the patient’s death, if the attending physician so prescribing, dispensing, administering, or causing to be administered or the health care personnel acting under the direction of the attending physician so dispensing, administering, or causing to be administered are carrying out in good faith the responsibility to provide comfort care described in division (E)(1) of section 2133.12 of the Revised Code.

Both laws make exceptions for actions “that are outside the scope of their authority.”

Foliano was responding to lawsuits filed by the families of Jeremia Hodge and Jan Thomas. The attorney for both families says the two died very shortly after receiving ‘grossly inappropriate’ doses of fentanyl.

Later this week, the Ohio Board of Nursing is scheduled to meet. During those meetings, we may learn whether any of the nurses named in the lawsuits will face disciplinary action.

Copyright 2019 Nexstar Broadcasting, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

Interactive Radar

STORY TOOLS

Today's Central OH Forecast

More Forecast

Don't Miss

Alexa

Storm Team 4 on Alexa

W3Schools