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Posts tagged "evidence"

Gerry Leeseberg Testifies Against H.B. 559

Earlier this week, Gerry Leeseberg testified in front of the Ohio House of Representatives Judiciary Committee against House Bill 559. H.B. 559 is proposed legislation designed to provide even more protections to negligent doctors and hospitals. Specifically, Gerry addressed two provisions of the bill - expanding the apology statute and reducing "shotgun" lawsuits.

Exclusion of a Party Admission Violates Evidence Rules and was Clearly Prejudicial to Plaintiff in Medical Negligence - Wrongful Death Trial

On April 12, 2016, the Tenth District granted a new trial to Kay Lynn Pontius on claims of medical negligence relating to her deceased husband. The appellate court determined that Pontius' case was clearly prejudiced by the trial court excluding damaging testimony that the defendant-radiologist's former partner, named Joseph Schultz, M.D., had reviewed the CT scan at issue in the case, and made statements that there were blood clots on the CT scan, that the defendant "blew it," and that "Todd (Pontius) should still be alive today." The Tenth District ruled that these statements were "party admissions" and should have been presented to the jury.

Ohio Supreme Court Rules in Favor of Patient in "Medical Records" Case

On March 23, 2016, the Ohio Supreme Court ruled that any patient data kept by a health care provider, regardless of location, is a medical record that must be released to patients and families. Earlier in the year, we wrote about the dangers of letting medical providers determine what is and is not a "medical record." You can also read an in depth analysis of the court's decision from former judge and University of Cincinnati College of Law professor emerita Marianna Bettman here.

Our Recent Blog Posts

  • Oct 13 : Do you have questions about medical malpractice claims?
    When you are suffering, you turn to doctors and other medical professionals to determine what is wrong with you and provide you with a course of treatment that will make you better. Part of your treatment may involve the need...
  • Sep 29 : When it comes to surgery, does practice make perfect?
    If you have an upcoming surgery, you're likely concerned over any number of issues. Whether your procedure is large or small, you're probably worrying about things like pain and recovery time. One thing you shouldn't have to worry over, though,...
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