Ohio medical malpractice laws Archives - Medical Malpractice Lawyers

Ohio Supreme Court Applies Sham Affidavit Rule In Affirming Dismissal Of Birth Injury Medical Malpractice Case

September 8, 2026

Following a prolonged labor, Cheri Sheree Moore gave birth to her son, P.C.M., who required intubation because he was in respiratory distress. Moore alleged that the respiratory distress and intubation caused injuries to P.C.M. Moore filed a medical malpractice complaint against the hospital where s[...]

Ohio Appellate Court Applies Common Knowledge Exception In Reviving Medical Malpractice Claims Involving Neck Surgery

March 14, 2026

In January 2022, Colleen Reilly underwent spinal surgery while in the care of Dr. Farbod Rastegar, an orthopedic spine surgeon at Atrium Medical Center. Reilly’s surgical procedure was an anterior cervical discectomy and fusion (“ACDF”), which involved the placement of a cervical interbody imp[...]

Ohio Supreme Court Discusses Naming “Additional” Defendants In Medical Malpractice Cases

December 5, 2025

In Ohio, a medical malpractice plaintiff must commence a medical-claim action within one year after the cause of action accrued. R.C. 2305.113(A). Under Civ.R. 3(A), “[a] civil action is commenced by filing a complaint with the court, if service is obtained within one year from such filing upon a [...]

Ohio Appellate Court Rules Cap On Noneconomic Damages In Medical Malpractice Case Unconstitutional

October 7, 2025

On or about May 27, 2015, Susana Lyon (“Lyon”) presented at Lower Lights Christian Health Center (“Lower Lights”) with a history of GERD and tachycardia. In October 2015, Lyon presented again at Lower Lights with complaints of gastroparesis. Lyon had lost over 30 pounds since her las[...]

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 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 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 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 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 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[...]

1 2 »

Tag: Ohio medical malpractice laws