find Ohio medical malpractice lawyers Archives

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 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[...]

Ohio Supreme Court Holds Juror’s Post-Trial Letter Expressing Remorse Cannot Overturn Medical Malpractice Defense Verdict

September 2, 2020

The Supreme Court of Ohio (“Ohio Supreme Court”) held in its opinion dated July 23, 2020, “This case involves a jury verdict rendered late on a Friday evening in favor of the defense in a medical-malpractice action. After the trial was over, one of the jurors wrote a letter to the [...]

Former Ohio Doctor Charged With 25 Counts Of Murder Related To Opioids

June 17, 2019

A former Ohio doctor who had his Ohio medical license summarily suspended by the State Medical Board of Ohio on January 25, 2019 voluntarily surrendered to authorities in Columbus, Ohio in early June 2019 to face charges in 25 deaths following a six-month investigation by the Franklin County Prosecu[...]

Ohio Appellate Court Finds Hernia Mesh Left After Surgery May Be Foreign Object Allowing Late Filed Medical Malpractice Case

June 7, 2019

The Court of Appeals of Ohio Eighth Appellate District County of Cuyahoga (“Ohio Appellate Court”) held in its Journal Entry And Opinion filed on May 23, 2019: “Although foreign-object cases have generally involved objects such as surgical instruments, needles, and sponges that wer[...]

Ohio Appellate Court Overturns Brachial Plexus Birth Injury Medical Malpractice Defense Verdict Due To Inadmissible Other Acts Evidence

June 19, 2018

The Court of Appeals of Ohio Sixth Appellate District Lucas County (“Ohio Appellate Court”) held in its Decision and Judgment dated May 25, 2018, in an Ohio shoulder dystocia brachial plexus birth injury medical malpractice case, that the trial court “abused its discretion in admit[...]

Ohio Supreme Court Holds “Apology” Inadmissible In Medical Malpractice Case

September 28, 2017

The Supreme Court of Ohio (“Ohio Supreme Court”) held in its opinion filed on September 12, 2017 that under the plain and ordinary meaning of “apology,” for purposes of R.C. 2317.43(A) (Ohio’s apology statute), a “statement[] * * * expressing apology” is a statement tha[...]

Ohio Appellate Court Vacates Punitive Damages Award Against Nursing Home

May 19, 2017

The Court of Appeals of Ohio (“Ohio Appellate Court”) issued a decision on April 27, 2017 that vacated a punitive damages award in the amount of $560,000 against a nursing home, finding that the plaintiff had failed to provide sufficient evidence of actual malice and therefore the issue [...]

Ohio Appellate Court Holds Patient’s Negative Online Review Of Her Plastic Surgeon Not Actionable

April 8, 2017

In its opinion dated March 20, 2017, the Ohio Court of Appeals Seventh District (“Appellate Court”) held that the negative online review of a plastic surgeon by a former patient against whom the former patient had obtained a medical malpractice verdict was not actionable for tortious int[...]

Ohio Supreme Court Clarifies What Is A “Medical Record”

April 7, 2016

In its decision filed on March 23, 2016, the Supreme Court of Ohio (“Ohio Supreme Court”) ruled that the physical location of the data is not relevant to the determination whether that data qualifies as a medical record in Ohio because the Ohio General Assembly did not limit the defini[...]

Convicted Ohio Orthopedic Surgeon Being Sued For Sexual Misconduct By Former Patient

March 27, 2016

An orthopedic surgeon from Ohio is facing a medical malpractice suit following a conviction related to sexual misconduct and tampering with medical records. The 41-year-old Ohio orthopedic surgeon was convicted on February 24, 2016 of two counts of gross sexual imposition and one count of tamper[...]

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