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Professional Negligence Law Reporter

Medicine

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Failure to refer student athlete to team physician

November/December 2024

Matthew Jennings, a student at Ohio State University, was a scholarship athlete on the Ohio State men’s ice hockey team. He suffered a lacerated elbow while playing, for which the athletic training department allegedly prescribed antibiotics and stitches. The stitches popped, and the department allegedly cleaned and packed the wound. Jennings’s arm became significantly swollen and painful. He asked to see a physician, but an athletic trainer allegedly denied the request and cleared Jennings to participate in a game.

During the game, Jennings suffered a torn triceps tendon. He was taken to a hospital, where it was discovered that he had an infection. He underwent three surgeries. Continued pain and limited range of motion in his arm and elbow have interfered with his athletic pursuits.

Jennings sued Ohio State University, alleging that its trainer negligently treated the elbow laceration and failed to refer him to the team physician. The plaintiff also alleged that the physicians who performed the surgeries breached the standard of care.

The parties settled for $80,000.

Citation: Jennings v. Ohio State Univ., No. 2022-00035JD (Ohio Ct. Cl. Apr. 23, 2024).

Plaintiff counsel: Robert J. Dubois and Jonathon Angarola, both of Cleveland; and Colin Sammon, Medina, Ohio.