Ohio Medical Malpractice Archives - Page 3 of 12

$6.5M Ohio Medical Malpractice Verdict Vacated: Ohio Appellate Court Rules Medical Malpractice Expert Witness’ Past Medical License Issues Should Have Been Admitted During Trial

July 3, 2024

Carole Horseman was treated in the emergency department of Mercy Regional Medical Center four times in September 2018: once on September 7th, once on September 9th, and twice on September 11th. On September 7th and 9th, Ms. Horseman presented with complaints of neck pain. On September 11th, Ms. Hors[...]

Ohio Appellate Court Finds Medical Malpractice Case Improperly Dismissed Based On Statute Of Limitations

May 8, 2024

On February 14, 2022, a patient in the emergency department of a medical facility operated by MedCentral Health System dba Ohio Health Mansfield Hospital was treated by Anand Patel, M.D., who was employed by MidOhio Emergency Physicians, LLP. The patient fell out of her hospital bed, fracturing her [...]

Ohio Appellate Court Holds Medical Malpractice Attorney Should Not Have Been Sanctioned For Failure To File Affidavit Of Merit In Multiple Cases

April 3, 2024

Glenn D. Feagan, Esq., appealed the judgments of the Hamilton County Court of Common Pleas awarding sanctions against him under R.C. 2323.51 and Civ.R. 11 for failing to file a requisite affidavit of merit or a motion for extension with three respective medical-malpractice complaints. Civ.R. 10(D)(2[...]

Ohio Appellate Court Holds Physician Who Recommended Surgery Performed By Another Surgeon May Be Held Liable For Medical Malpractice

March 14, 2024

In 2013, Veronica Yeakle went to the emergency room after a fall related to a problem with her right knee. At the hospital, Dr. Abubakar Atiq Durrani was called to consult on whether the problem could be neurological. After reviewing the CT scan of Ms. Yeakle’s back, Dr. Durrani diagnosed several [...]

Ohio Supreme Court Holds Wrongful Death Claims Based On Medical Care Are Subject To 4-Year Medical Malpractice Statute Of Repose

March 10, 2024

The Supreme Court of Ohio held in its December 28, 2023 opinion: “The broad definition of “medical claim” that applies to the statute of repose clearly and unambiguously includes wrongful-death claims based on medical care, and nothing in Ohio’s statutory wrongful-death chapter negates t[...]

Ohio Class Action Lawsuit Faults Hospital And Vendor For Data Breach Involving 9 Million People

March 3, 2024

A proposed class action lawsuit was filed in the United States District Court for the Northern District of Ohio on December 20, 2023 against Salem Community Hospital and one of its medical vendors that alleges, in part, as follows: Defendant Salem Community Hospital (“Salem”) is an indep[...]

Ohio Appellate Court Rules Nursing Home Resident’s Claim For Injuries Suffered From Fall From Toilet Was Medical Claim

March 2, 2024

“Medical Claim” R.C. 2305.113(E)(3) defines the term “medical claim” for statute of limitations purposes and provides, in relevant part:“Medical claim” means any claim that is asserted in any civil action against a physician, podiatrist, hospital, home, or residential facility, a[...]

Ohio Appellate Court Determines Statute Of Repose Cannot Save Late-Filed Medical Malpractice Case

December 6, 2023

Background Facts On December 3, 2020, plaintiffs—husband and wife—filed a complaint against defendants asserting causes of action for professional negligence, negligent infliction of emotional distress, loss of consortium, and vicarious liability. Thecomplaint asserted that Mr. Rankin was under [...]

Ohio Appellate Court Affirms Defense Verdict In Liposuction Medical Malpractice Case

November 15, 2023

In March 2019, James Calloway met with Dr. Brarens, a podiatrist, to discuss pain that he was having in his foot and ankle. In April 2019, James decided to have foot surgery, which was scheduled for May 30, 2019. On May 29, 2019, James met with Dr. Peter McKenna, a plastic surgeon at CIPS, to [&hell[...]

Ohio Appellate Court Rules Defendant Surgeon’s License Revocation And Suspension Of Hospital Privileges Should Not Have Been Admitted During Medical Malpractice Trial

September 30, 2023

An Ohio medical malpractice lawsuit alleged medical negligence relating to four separate back surgeries performed by Defendant Dr. Abubakar Durrani on Plaintiff Patrick Stephenson. The Ohio medical malpractice jury found that Dr. Durrani, who had fled to Pakistan in 2013, was negligent in his care a[...]

Ohio Appellate Court Affirms Hospital Not Entitled To Protective Order For Its Policies And Procedures In Birth Injury Medical Malpractice Case

September 24, 2023

In an Ohio birth injury medical malpractice case where the parents sued the hospital where their child suffered serious brain damage allegedly as a result of negligent care and treatment during the mother’s labor and delivery, the plaintiffs sought to obtain in discovery the defendant hospital[...]

Ohio Appellate Court Vacates Defense Medical Malpractice Verdict Due To Erroneous Application Of Same Juror Rule

September 21, 2023

Same Juror Rule The “same juror” rule provides that a verdict is invalid unless the same jurors agree on all issues. The Supreme Court of Ohio adopted the “same juror” rule in the context of a comparative negligence case, and the major principle behind the rule is that deciding if a party is[...]

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Category: Ohio Medical Malpractice