OOA Files Another Supreme Court Amicus Brief
The Ohio Osteopathic Association, Ohio Hospital Association and Ohio State Medical Association have filed another joint amicus brief in the Ohio Supreme Court to support the concept of "Foreseeability."
The jury in a medical malpractice case must determine whether a reasonably prudent person would have anticipated that an injury was likely to result from the performance or nonperformance of an act. For decades, Ohio juries have been given jury instructions that include the concept of “foreseeability” in both medical malpractice and other negligence actions.
A decision by the Ninth District Court of Appeals in Cromer v. Children’s Hospital Medical Center of Akron changed this by holding that juries in medical malpractice cases cannot be charged on foreseeability and that doing so constitutes reversible error.