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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

  • Mar 16 : Common medical errors nurses make that may cause you harm
    When you go into the hospital, you expect to leave in better shape than when you arrived. You rely on your doctors to properly diagnose your condition and provide an appropriate course of treatment. During your stay, you will probably...
  • Feb 28 : Make no mistake about it, medical errors are a major problem
    When you visit a doctor's office or other medical facility in Ohio, you can reasonably expect that all licensed professionals who tend to your care will do so in a manner consistent with the highest accepted standards in the medical...
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