As a public service to my friends and colleagues in Ohio, I am writing this brief essay to alert them to the reporting requirements of Ohio Revised Code 2921.22(B), which states:
Except for conditions that are within the scope of division (E) of this section, no person giving aid to a sick or injured person shall negligently fail to report to law enforcement authorities any gunshot or stab wound treated or observed by the person, or any serious physical harm to persons that the person knows or has reasonable cause to believe resulted from an offense of violence.
I was unaware of this reporting requirement. However, ignorance of the law is no defense.
After I completed a three-year residency in family medicine and a one-year fellowship in sports medicine, I was licensed in 2011 as a physician in Ohio. I accepted employment with an orthopedic practice at which I primarily practice in the area of sports medicine.
My medical practice is located in a rural community. I worked hard in my position and opened a sports medicine branch of the practice. I regularly volunteered as a team physician for local high school sports teams and a local small college. I even opened my office on Friday nights during football season and treated athletes injured in games. I became known in the community as someone who was willing to provide care even if it was outside of an office setting.
I have always been a strong athlete and regularly trained at a local gym. Within the first year of my medical practice, I was approached by an acquaintance at the gym who asked me to “look at” a gunshot injury they had sustained. The person told me that they had accidentally shot themselves while at a shooting range. Because I live and work in a rural community in which many people legally carry guns, go to shooting ranges and hunt on a regular basis, I was not alarmed by the person's explanation of their injury and I had no reason to suspect that the person was not being truthful about the cause of their injury.
The person was not in critical condition. It appeared that the injury was several days old and was starting to heal. A scab had formed. Because I was concerned about possible infection, I immediately referred the person to the local hospital for treatment. The person told me that they did not have insurance and could not afford to go to the emergency room. In an effort to help the person, I prescribed an antibiotic and instructed the person on how to keep the injury clean.
Several days later, I was still concerned about the person’s condition. When I next saw the person at the gym, I asked a physician colleague who was also training at the gym to look at the person’s injury. My colleague, who had experience working in trauma units, examined the person at the gym, found no signs of infection and advised the person that the wound appeared to be healing nicely.
I have no formal trauma or emergency room training in which I might have learned about the mandatory reporting requirement for a gunshot wound. This topic was not addressed in medical school or during my residency or fellowship. Additionally, because my residency and fellowship were outside Ohio, I was not instructed on the requirements of Ohio law.
In 2017, the person was investigated by law enforcement for allegedly engaging in a crime.
During the investigation, it was determined that I had provided care to the person in 2011. When I was questioned by law enforcement, I fully cooperated in the investigation and admitted that I had provided care to the person in 2011.
Because I did not report the gunshot wound to law enforcement in 2011, I was charged with and ultimately pled no contest to a second-degree misdemeanor of failure to report a crime, in violation of Ohio Revised Code 2921.22(B). I was placed on probation for 24 months, served 50 hours of community service, and paid a fine and court costs.
In August 2017, the State Medical Board of Ohio proposed to take disciplinary action against my medical license for violating Ohio Revised Code 4731.22(B)(II), conviction of a crime involved in the practice of medicine. A hearing was held and, thankfully, the full Board decided to take no action against my Ohio medical license.
During this matter, I have been very fortunate to have the full support of my employer and colleagues. However, this matter has been an extremely stressful experience that has taken time away from my family and my medical practice. I have lost many nights of sleep worrying about what effect, if any, this matter would have on my medical practice and I spent thousands of dollars in legal fees.
If I had known that I was required by law to report the gunshot wound, I would have done so. I never tried to cover up for the person and I never took any steps to skirt the law. A simple phone call to the local police would have been enough to avoid the repercussions of this matter.
I am writing this essay in the hope that others may learn from my experience. My goal is to let people, including physicians, know that, by law, if you give aid to a sick or injured person, you are required in Ohio to report to law enforcement any gunshot or stab wound that you treat or observe, or any serious physical harm to a person that you know or have reasonable cause to believe resulted from an offense of violence.
This article is not legal advice. If you have questions or need additional information, speak with an attorney.
Dr. James V. Gasparine specializes in sports medicine at Orthopaedic Associates of Zanesville, part of Genesis Healthcare System. Feedback welcome at feedback@cityscenemagazine.com.
