Columbus, Ohio Personal Injury,
Medical Malpractice and Legal Malpractice Lawyer

1071 S. High Street, Columbus, Ohio 43206
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  • John M. Alton

Medical Malpractice

Significant cases and statues in Medical Malpractice law

 

A. Statute of Limitation
In Engel v. Univ. of Toledo College of Medicine, 130 Ohio St. 3d 263, 2011-Ohio-3375, the Ohio Supreme Court held that a doctor who was a volunteer clinical faculty member of the Toledo College of Medicine who performed surgery at a private hospital while a third year medical student from the College of Medicine observed him was not entitled to personal immunity under R.C. 9.86 because he was not a state employee and did not hold an appointed office or position with the state.

B. Cap on Attorney Fees
In medical malpractice actions a probate judge must approve attorneys’ fees if they exceed the amount of the cap on non-economic damages that ranges from $250,000 to $500,000. R.C. 2323.43(F).