Free Consultations 24/7
Home > Blog > Ohio Supreme Co...
May 8, 2013
The Ohio Supreme Court made a precedent setting decision late last month regarding how statements made by doctors can or cannot be used in an Ohio Medical Malpractice Lawsuit. Court documents show that now, a doctor’s comments cannot be used as evidence in court.
The case stems from an incident that occurred following a patient’s gall bladder surgery. During the procedure, the patient suffered a bile duct injury. The doctor later told the patient, “I take full responsibility for this. Everything will be OK.”
An article from the Claims Journal explains the patient later filed suit against the doctor, saying that his comment was and admittance of guilt and negligence.
Ohio state law says that after September 14, 2004, apologies and statements of sympathy made by doctors to patients were inadmissible in court. The woman who was injured during gall bladder surgery contended that her doctor’s statement was not an apology and shouldn't be covered under the law. A jury disagreed and found in favor of the doctor.
The patient appealed, but the Supreme Court found that while the statement was an apology, it was covered under the statute because of the date the lawsuit was filed, not because of the date of the incident.
The Ohio Personal Injury Attorneys with Nurenberg, Paris, Heller & McCarthy recognize how complex the laws surrounding medical malpractice claims can be. That's why the firm suggests discussing your legal rights with an attorney if you are considering filing a suit.
Source: Estate of Johnson v. Randall Smith, Inc., Slip Opinion No. 2013-Ohio-1507. Court of Appeals for Portage County. 23 Apr. 2013. N.p., n.d. Web
Mar
25, 2024
Even when maintained, set up, and operated safely, semi-trucks still pose risks to both their drivers and other drivers on Ohio’s roads. That’s because they outweigh the average passenger vehicle 20:1. Unfortunately, semi-trucks aren’t always hooked up properly or safely, and when they aren’t, devastating accidents can occur. One of the most dangerous events that […]
18, 2024
Patients are often required to sign release forms before undergoing many types of medical treatments, from major surgeries to minor outpatient procedures. These forms are intended to acknowledge the patient’s consent to the procedure and understanding of the risks involved. However, many patients wonder whether these release forms protect doctors, surgeons, and hospitals from malpractice […]
11, 2024
Proving medical malpractice is notoriously difficult. That’s because every patient is different, and bad outcomes can happen even when doctors, surgeons, and other healthcare providers are thorough, attentive, and follow all protocols and guidelines when treating patients. In addition to being difficult to prove, doctors, surgeons, and other providers rarely admit to malpractice when it […]
04, 2024
When people are hospitalized, they and their loved ones expect for them to get better. Unfortunately, that doesn’t always happen, and sometimes, their health declines because they contract diseases that are primarily found in hospitals. One of the most dreaded hospital-related illnesses is an intestinal illness caused by a bacteria called Clostridioides difficile, or C. […]
Feb
26, 2024
One of the most common traffic violations committed by any driver is driving with a burned-out headlight, taillight, brake light, or turn signal. While these traffic violations can be dangerous for drivers of pickup trucks, sedans, and SUVs, they can be extremely hazardous for drivers of semi-trucks—and the people driving near them. Burned out semi-truck […]
Accessibility Tools