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.
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.
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.