Justia Ohio Supreme Court Opinion Summaries

Patient filed an action seeking recovery for injuries following a medical procedure Doctor performed on him allegedly without his informed consent. The trial court granted a directed verdict in favor of Doctor. The district court reversed. At issue on appeal was whether a claimant must present expert testimony on each element of the cause of action for failure to obtain informed consent to establish a prima facie case. The Supreme Court reversed the appellate court and reinstated the verdict of the trial court, holding (1) expert medical testimony is required to establish both the material risks and dangers involved with a medical procedure and that an undisclosed risk or danger actually materialized and proximately caused injury to the patient; (2) if a patient fails to present medical expert testimony that it is more likely than not that an undisclosed risk of a surgical procedure actually materialized and proximately caused injury, then a trial court may properly grant a directed verdict; and (3) because there was no evidence to support each element of Patient's informed-consent claim in this case, the trial court properly directed a verdict. View "White v. Leimbach" on Justia Law

Larry Engel filed a medical-malpractice suit in the county court of common pleas against Dr. Marek Skoskiewicz, who practiced general surgery at a county hospital. Skoskiewicz asserted he was entitled to personal immunity pursuant to Ohio Rev. Code 9.86 because, at the time of the surgeries, he was acting in his capacity as a volunteer clinical instructor of the University of Toledo College of Medicine and was therefore an officer or employee of the state. Accordingly, Engel filed a malpractice action against the College of Medicine in the court of claims, which possesses exclusive jurisdiction over personal-immunity claims, and sought a determination as to whether Skoskiewicz was entitled to personal immunity as a state employee. The court of common pleas stayed Engel's malpractice suit pending resolution of the personal-immunity issue. The court concluded that Skoskiewicz had performed the operations as a state employee and therefore was entitled to personal immunity. The court of appeals affirmed. The Supreme Court reversed, holding that Skoskiewicz was not an employee of the College of Medicine and that he did hold an appointed office or position with the state. Accordingly, Skoskiewicz was not entitled to personal immunity pursuant to the statute. Remanded. View "Engel v. Univ. of Toledo Coll. of Medicine" on Justia Law