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P underwent surgery at Hospital (D) for a recurrence of renal cell carcinoma. Erik Weise, M.D., a urologist practicing with Dayton Physicians, LLC (Dayton Physicians), performed P's surgery. In the days following surgery, P manifested at least one pressure ulcer in the area of his buttocks and coccyx, which ulcer(s) allegedly worsened over the course of his hospital stay. P claims Weise requested that Travis L. Perry, M.D., a general surgeon practicing with Comprehensive Burn and Wound Specialists (CBWS), consult with P for treatment of the ulcer(s). Perry, physician's assistant Kelli Huesman of CBWS, and other unnamed health care providers purportedly participated in P's treatment through his discharge date. On February 21, P was readmitted after presenting to the emergency room with 'sepsis, Stage 4 decubitus ulcers, and suspected ischiorectal abscess and/or cellulitus.' P sustained severe and permanent injuries and incurred substantial and ongoing medical expenses due to medical conditions that developed following his January 2013 surgery, and he purportedly required treatment for years thereafter. P sued Ds for medical negligence, declaratory relief, and a variety of other claims. (MVH, PHP, Weise, Dayton Physicians, Perry, Huesman, and CBWS (collectively, 'the Medical Defendants') were among those named as defendants in that lawsuit). Three groups of the Medical Defendants filed separate motions for partial summary judgment as to P's third cause of action, which requested declaratory relief regarding 'hospital-acquired conditions.' The third cause of action sought a declaratory finding that the occurrence of health conditions categorized as 'Never Events' and/or 'Hospital Acquired Conditions' constituted negligence per se and/or warranted imposing strict liability. The third cause of action sought a declaration that the occurrence of 'Never Events' and/or 'Hospital Acquired Conditions' warranted applying the doctrine of res ipsa loquitur and eliminating the causation element of a negligence claim. Ds argued that P's third cause of action was not supported by existing law and was contrary to federal law. The trial court agreed and entered partial summary judgment against P on his third cause of action. P appealed.

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