First Posted: 3/20/2015
LIMA — Dr. Michael Martz, a family practitioner with St. Rita’s Medical Center, has been accused of falsely diagnosing a woman with dementia.
Gloria Miller-Byerly, 89, of Lima, was wrongly diagnosed and deemed “incompetent,” according to the complaint, filed at the Allen County Court of Common Pleas.
Martz “failed to exercise reasonable care in fulfilling his duty to (Miller-Byerly)” when he “relied on an out of state telephone call from a disgruntled heir of (Miller-Byerly),” according to the complaint.
An out-of-state daughter, Marsha, urged Martz to conduct a Statement of Expert Evaluation on her mother when she learned her mother wanted to revoke Marsha’s status as power of attorney, the complaint stated.
The complaint states that no mental tests were performed on Miller-Byerly.
Three attorneys created a Memo of Understanding stating she was not incompetent.
Miller-Byerly has filed a complaint against Martz, St. Rita’s Professional Services LLC, Mercy Health and St. Rita’s Surgical Associates on March 16.
In a written statement, Beth Keehn, spokeswoman for St. Rita’s Medical Center, said as the case is a legal matter, the hospital cannot comment on details.
