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
Apr
22, 2024
Medical malpractice claims are often difficult to win, and the difference between strong claims and weak claims is evidence, especially medical records. If you believe you’re a victim of medical malpractice, your medical records will be vital for building your case against the doctor, hospital, or clinic that you believe harmed you. These documents not […]
18, 2024
Injuries caused by auto accidents are painful, expensive, and can even be life-altering. When victims survive car accidents, they want to believe that the worst is over. But for some, the medical and financial consequences are just beginning. Shock is not just a term for being surprised or upset. It is an actual medical condition […]
15, 2024
The widespread availability of fast internet access and camera-equipped laptops, desktops, tablets, and smartphones mean that telemedicine and virtual doctor appointments are more convenient, personal, and effective than ever before. These types of visits became more and more common during the height of the COVID-19 pandemic, and for many patients, they have continued to be […]
08, 2024
One of the most important aspects of being a doctor is accurately diagnosing patients with the diseases or illnesses they suffer from. Accurately diagnosing patients gives doctors a chance to come up with treatment plans to manage their patients’ symptoms and help them get better, including prescribing medications, recommending surgery, and creating lifestyle modifications. However, […]
01, 2024
When a bad outcome happens in medicine, whether it’s after a doctor prescribes a prescription drug or a surgeon completes an operation, it’s common for patients to wonder if they’re victims of medical malpractice. However, proving medical malpractice is notoriously difficult. That’s why many Ohio medical malpractice lawyers rely on the testimony of expert witnesses. […]
Accessibility Tools