Volume 141 — North Eastern Reporter, Third Series

The trial court did not err in granting partial summary judgment as to appellant's cause of action seeking a declaratory judgment that medical providers were negligent per se or that strict liability or res ipsa loquitur applied to their actions. Although a pressure ulcer that decedent developed may have qualified as a "hospital acquired condition" or "never event" under federal law governing Medicaid and Medicare reimbursement, such federal law did not establish a standard of care for private medical negligence actions and did not alter the elements necessary to prove such a claim. Appellees' assignments of error on cross-appeal challenging the trial court's Civ.R. 54(B) certification of its partial summary judgment decision are overruled, and their motions to strike are granted in part and denied in part. Judgment affirmed.