Ohio Medical Malpractice Archives - Page 2 of 12

Ohio Appellate Court Holds Hospital May Be Liable For Nurse’s Malpractice Under Respondeat Superior

June 2, 2025

Linda Marshall’s husband died at Mercy Health-Anderson Hospital. After her husband’s death, she filed an Ohio medical malpractice wrongful death lawsuit against various individuals and the hospital, but she did not name as a defendant the nurse on her husband’s care team. After the statute of [...]

Ohio Appellate Court Holds Cap On Noneconomic Damages As Applied In Medical Malpractice Case Was Unconstitutional

April 23, 2025

On November 29, 2022, John Paganini filed a complaint for medical malpractice against Gregory J. Louis, M.D. and his medical practice that alleged that after Dr. Louis performed cataract surgery on Paganini, Dr. Louis failed to diagnoseendophthalmitis (an infection) during his December 10, 2021 appo[...]

Federal Appellate Court Affirms Plaintiff’s Expert Not Qualified To Testify In Medical Malpractice Case Despite Rule Change

March 20, 2025

On January 13, 2020, Welch, on behalf of Martello’s estate and in her individual capacity, filed suit under the FTCA, 28 U.S.C. §§ 2671–2680, 1346(b). The operative Complaint alleged that the VAMC failed to properly treat Martello’s AAA from the time of its discovery and to diagnose and trea[...]

Ohio Supreme Court Discusses Peer Review Privilege In Medical Malpractice Cases

February 12, 2025

Peer Review Privilege The peer review privilege applies to proceedings and records within the scope of a peer review committee of a health care entity.” R.C. 2305.252(A). A “peer review committee” is defined as: [A] utilization review committee, quality assessment committee, performance improv[...]

Ohio Supreme Court Allows Tolling Of Medical Malpractice Lawsuit Against Physician Who Moved Out Of State

January 27, 2025

Ohio Tolling Statute R.C. 2305.15, commonly referred to as “the tolling statute,” states that if a person who is subject to a lawsuit leaves the State, the statutory periods for commencing that lawsuit do not begin to run—that is, those statutory periods aretolled—while the person remains ou[...]

$2M Ohio Medical Malpractice Verdict For Post-Hernia Repair Surgery Malpractice

January 3, 2025

Judy Collins, who was 73-years-old, underwent hiatal hernia repair surgery on September 21, 2019. During the post-operative period, Collins experienced signs of reherniation, which her surgeon allegedly failed to recognize. As a result, the surgeon did not order a CT scan despite the scan being sugg[...]

Ohio Supreme Court Allows Medical Malpractice Defendant To Raise Defective Service Of Process Defense Two Years Into Litigation

December 26, 2024

The administrator of a deceased woman’s estate filed a complaint alleging medical malpractice and wrongful death against a doctor, the doctor’s employer, a hospital, and Medicare. The doctor and his employer filed an answerthat included the affirmative defenses of insufficiency of process and in[...]

Ohio Appellate Court Affirms Medical Malpractice Defense Verdict Despite Juror Concerns

December 24, 2024

Harold Price suffered from chronic kidney disease. In 2017, his nephrologist noted a possible lesion on his left kidney following an ultrasound. The doctor ordered an MRI and biopsy of that kidney. The MRI also revealed a lesion on the right kidney. A recommendation was made to obtain a repeat scan [...]

Ohio Supreme Court Rules Same-Juror Rule Applies In Medical Malpractice Cases

November 2, 2024

Background An Ohio medical malpractice jury returned its verdict in favor of the defendants. Six of the eight jurors found that Ward was negligent in her care and treatment of Boldman. In accordance with the jury instructions, only the six jurors who found Ward negligent proceeded to vote on the iss[...]

Ohio Appellate Court Affirms Summary Judgment For Medical Malpractice Defendant Based On Sham Affidavit Doctrine

September 12, 2024

Sham Affidavit Doctrine The “sham affidavit” doctrine precludes a party from creating an issue of fact to prevent summary judgment by submitting an affidavit that directly contradicts previous sworn testimony of the affiant. Background Facts On January 11, 2022, Moore filed a pro se complaint in[...]

Ohio Appellate Court Revives Nursing Home UTI Death Lawsuit

September 11, 2024

Hallie Withem (“Withem”) was admitted to Newark Care in 2012 when she was 85 years old. Throughout her stay, Withem had multiple illnesses including diabetes, urinary retention, multiple urinary tract infections (“UTI”), kidneydisease, incontinence, and schizophrenia. Cognitively, she was al[...]

Ohio Nursing Home Sued For Resident’s Choking Death Recorded On Video

August 6, 2024

The family of an Ohio nursing home resident who died as a result of choking after eating lunch on January 16, 2022 has filed a lawsuit against the nursing home for negligence, wrongful death, and violations of nursing home resident rights. The family’s lawsuit alleges that the resident was kno[...]

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Category: Ohio Medical Malpractice