Court of Appeals of Ohio, Second District, Montgomery
RHONDA J. KARIMIAN-DOMINIQUE Plaintiff-Appellant
GOOD SAMARITAN HOSPITAL, et al. Defendants-Appellees
Appeal from Common Pleas Court Trial Court Case No.
D. BRANNON, Atty. Reg. No. 0021657, MATTHEW C. SCHULTZ, Atty.
Reg. No. 0080142, and ROBERT W. GURRY, Atty. Reg. No.
0079481, And MICHAEL L. WRIGHT, Atty. Reg. No. 0067698
Attorneys for Plaintiff-Appellant
F. HAVILAND, Atty. Reg. No. 0029599 and ELIZABETH WILFONG,
Atty. Reg. No. 0088172, 6 N. Main Street, Suite 400, Dayton,
Ohio 45402 Attorneys for Defendant-Appellee, Good Samaritan
BLASIK-MILLER, Atty. Reg. No. 0005248 and KEVIN C. QUINLAN,
Atty. Reg. No. 0092999, Attorneys for Defendant-Appellee,
Latit Goyal, M.D.
THEODORE M. MUNSELL, Atty. Reg. No. 0022055 and KAREN M.
CADIEUX, Atty. Reg. No. 0079240, Attorneys for
Defendants-Appellees, Premier Heart Associates, Abdul Wase,
M.D., and Ahmad Abdul-Karim, M.D.
1} Rhonda Karimian-Dominique appeals from an order
of the Montgomery County Court of Common Pleas, which granted
the motion of Dr. Latit Goyal to compel her to execute
medical authorizations and denied her motions for a
protective order and for an in camera review of her deceased
husband's psychotherapy notes. For the following reasons,
the trial court's order will be affirmed.
Factual and Procedural History
2} According to the amended complaint, on February
21, 2015, Michael Dominique presented to the emergency room
of Good Samaritan Hospital complaining of chest pain and
shortness of breath. Although pulmonary embolism was a
differential diagnosis, Dominique was not evaluated for that
condition. Dominique underwent a cardiac catheterization on
February 23. On February 24, 2015, Dominique suffered a
massive pulmonary embolism and died.
3} On July 18, 2016, Karimian-Dominique, as
Dominique's surviving spouse and as administrator of
Dominique's estate, filed this action, asserting seven
claims: (1) medical negligence, (2) wrongful death, (3)
survivorship, (4) loss of consortium, (5)
negligent/intentional infliction of emotional distress, (6)
declaratory relief as to Anthem Blue Cross Blue Shield, and
(7) disgorgement/unjust enrichment. The amended complaint
named Good Samaritan Hospital, Dr. Abdul Wase, Dr. Ahmad
Abdul-Karim, Premier Heart Associates, Dr. Latit Goyal,
Emergency Professional Services,  Anthem Blue Cross and Blue
Shield, and other John/Jane Does as defendants (collectively
4} Upon Defendants' motion, the trial court
granted summary judgment to Defendants on
Karimian-Dominique's claims for infliction of emotional
distress, declaratory relief, and disgorgement/unjust
enrichment (Counts Five, Six, and Seven), and it limited her
loss of consortium claim to the period between February 21
and February 24, 2017.
5} On October 23, 2018, Dr. Goyal moved to compel
Karimian-Dominique to execute and deliver authorizations to
disclose health information regarding Dominique, which her
counsel had previously provided but later rescinded. Dr.
Goyal's motion stated that the basis for the rescission
of all authorizations for the release of medical information
was not a claim of privilege, but due to issues that arose at
a recent trial in another case involving
Karimian-Dominique's counsel where the law firm now
representing Dr. Goyal was defense counsel. Dr. Goyal
attached to his motion correspondence from
Karimian-Dominque's counsel to his defense counsel in
this case, in which Karimian-Dominique's counsel alleged
that the law firm had "trashed" the plaintiff in
the prior case "as a sporting event." (Ex. E.) Dr.
Goyal's motion sought to compel Karimian-Dominique to
provide authorizations for records from the office of
Antoinette Cordell & Associates and from Dr. Craig Olson,
Psy.D. The records allegedly involved Dominique's
treatment for individual and marital counseling. Dr. Goyal
argued that disclosure of those records was required by
Civ.R. 26, Civ.R. 37, and R.C. 2317.02(B).
6} Karimian-Dominique opposed Dr. Goyal's motion
and filed a motion for a protective order, seeking to prevent
discovery of Dominique's psychotherapy records.
Karimian-Dominique claimed that the psychotherapy notes of
Dr. Olson (and Dr. Brian Wood, Dominique's prior
psychologist) were subject to doctor-patient privilege, and
that the privilege had not been waived by the filing of the
lawsuit, because Dominique was deceased and his emotional
condition was not a genuine issue in the case.
Karimian-Dominique separately moved for an in-camera review
of Dominique's psychotherapy notes "to determine the
relevance of the materials and the applicability of the
doctor-patient privilege, and whether that privilege is
subject to waiver."
7} Good Samaritan Hospital filed a memorandum in
support of Dr. Goyal's motion and in opposition ...