AMCNO Successful Litigation
Jaques v. Manton (Collateral Source Rule)
As an amicus participant in Jaques v. Manton, the AMCNO was pleased with the recent Ohio Supreme Court ruling that allows jurors to hear evidence of write-offs related to medical expenses in personal injury cases. The Court held that write-offs, the difference between billed charges and the amount actually accepted as payment in full for medical services, are not collateral sources under Ohio law and can be admitted into evidence consistent with the law as stated in a prior Court holding. The decision ensures that juries will hear accurate evidence of the amount of money actually spent or paid out for medical expenses in personal injury cases. Click here for more information (Ohio Supreme Court, 2010-Ohio-1838).
White v. Leimbach (Informed Consent Issue)
As an amicus participant in White v. Leimbach, 10th Dist. No. 09AP-674, 2010-Ohio-1726, the AMCNO was pleased with the recent Ohio Supreme Court ruling that confirmed that the tort of lack of informed consent constitutes a medical claim and that a plaintiff must produce expert medical testimony establishing: 1) the material risks or dangers inherent in a procedure, and 2) that an undisclosed risk or danger actually materialized and proximately caused injury. Click here for more information (Ohio Supreme Court, 2010-Ohio-6238).
Wymsylo v. Bartec, Inc. (Ohio Supreme Court Upholds Indoor Smoking Ban)
As an amicus participant in Wymsylo v. Bartec, Inc., the AMCNO was pleased to learn that the Supreme Court of Ohio has affirmed a ruling by the Tenth District Court of Appeals to uphold the Ohio Smoke Free Workplace Act as constitutional. The court’s 7-0 decision, authored by Justice Judith Ann Lanzinger, rejected claims by the owner of Zeno’s Victorian Village that fines assessed against his establishment for violating the statewide ban on smoking in places of employment exceeded the state’s legitimate police powers or were an unconstitutional governmental “taking” of private property. Click here for more information (Ohio Supreme Court, 2010-Ohio-2187).
Ruther v. Kaiser (Medical Malpractice Statute of Repose)
As an amicus participant in Ruther v. Kaiser, the AMCNO was pleased with the recent Ohio Supreme Court ruling that upheld the statute of repose as enacted: Just as a plaintiff is entitled to meaningful time and opportunity to pursue a claim, a defendant is entitled to a reasonable time after which he or she can be assured that a defense will not have to be mounted for actions occurring years before. Click here for more information. (Ruther v. Kaiser, 2011-Ohio-1723.)
Estate of Johnson v. Randall Smith, Inc.
As an amicus participant in the Estate of Johnson v. Randall Smith, Inc., the AMCNO was pleased to learn that the Ohio Supreme Court recently issued a favorable opinion holding that a physician’s gestures, conduct and expression of sympathy are excluded pursuant to R.C. 2317.43. See Estate of Johnson v. Randall Smith, Inc., 2013-Ohio-1507,— N.E.2d —, 2013 WL 1760949. Specifically, the Court held that a physician’s statement to a patient that he took full responsibility for the situation was not admissible because his gestures, conduct and statements, were covered under R.C. 2317.43. The Ohio Supreme Court also held that the Statute applies to any cause of action filed after September 13, 2004.
Lavin v. Husted (Sixth Circuit Court of Appeals Case)
A three-judge panel for the U.S. Court of Appeals for the Sixth Circuit sided with a group of physicians from Northern Ohio, including several AMCNO members, and struck down as unconstitutional an Ohio statute making it a crime for candidates for Ohio Attorney General or county prosecutor to accept campaign contributions from Medicaid providers. The AMCNO, Ohio Osteopathic Association and Ohio State Medical Association had joined as amicus curiae in the case after a lower court upheld the Ohio statute, fearing that, if left to stand, the trial court's decision would have a chilling effect on physician speech--particularly at a time when candidates for office at all levels of state and local government are increasingly weighing in on issues related to health care reform and health care policy generally--and would stigmatize physicians that serve a Medicaid population. Due to the law's overly-broad infringement of the First Amendment rights of Medicaid providers, the Court struck down the law as unconstitutional and ordered the lower court judge to enter judgment in favor of the plaintiffs. Click here for more information.
Burnham v. Cleveland Clinic Foundation
This case dealt with interlocutory appeals. The OSC decision resulted in most adverse discovery orders in the medical malpractice context being immediately appealable, if they involve quality assurance or peer review materials.
Simpkins v. Grace Brethren Church of Delaware, Ohio
In this case, the OSC upheld the caps on noneconomic damages.
Antoon v. Cleveland Clinic Foundation
In this case, the OSC upheld the statute of repose – the time limitations for bringing medical malpractices actions.