OOA Joins Amicus Brief to Support Ohio's Apology Statute
The Ohio Osteopathic Association joined the Ohio Hospital Association, Ohio State Medical Association, and Academy of Medicine of Cleveland and Northeast Ohio in filing a joint amicus brief in the Ohio Supreme Court case of Stewart v Vivian to help clarify Ohio's current apology statute.
The Ninth and Twelfth District Appeal Courts found Ohio’s “I’m Sorry” statute to be ambiguous because the word “apology” has more than one meaning. The amicus brief argues the statute is not ambiguous and the Court, therefore, must apply it using the common and ordinary usage of the word “apology.” The standard definition includes both expressions of fault and no-fault.
The brief concludes that the Ohio General Assembly, like more than 30 other state legislatures which have enacted apology statutes, sought to strengthen the relationship between health care providers and patients by designing an exclusionary rule to encourage transparency and communication.