Significant cases and statues in Medical Malpractice law
- Statute of Limitation
- Abuse of Discretion
- Doctors Liability for Residents’ Negligence
- Loss of Chance of Survival
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).