Amicus Briefs

The AMCNO regularly participates as an amicus party in selected state court cases, at times at the request of the request of an interested party or through the review of the AMCNO Medical Legal Liaison Committee.

The AMCNO Medical Legal Liaison Committee uses the following AMCNO board policy when deciding whether or not the AMCNO should consider weighing in on a case:

The AMCNO Board of Directors has determined that the AMCNO should consider filing an amicus brief if a case were going to impact the current tort reform law in Ohio and the case involves the care of a physician, preferably from the Northern Ohio community.  The AMCNO will also consider filing a brief in the case of a health care related issue that could impact the health of patients in our state or the community. 

Access Ohio Supreme Court filings, and case decisions.

 

AMCNO Amicus Brief Cases Currently before the Ohio Supreme Court

Malieka Evans v. Akron General Hospital – this case reviews whether a claim for negligent hiring is actionable if there is no actionable claim for the underlying conduct giving rise to the negligent-hiring claim.

Menorah Park Center for Senior Living v. Rolston – this case deals with what constitutes an unauthorized disclosure of protected health information in the context of collecting a medical debt.

Durrani v. Sand and Durrani v. Wilson – this case deals with how long after the fact a physician can be sued for his or her treatment of a patient. Depending on how the Supreme Court decides the case, the answer could be either four years, or decades.

Access AMCNO successful litigation

 

Other AMCNO Amicus Briefs Submitted to the Ohio Supreme Court

Griffith v. Aultman Hospital  - Ohio Supreme Court Expands Definition of "Medical Records" for Purposes of Discovery