- January 11th 2012
Patients who sue doctors over lack of informed consent must obtain expert medical testimony before pursuing their claim, the Supreme Court of Ohio has ruled.
The decision, which overturns an appeals court ruling, prevents more lawsuits against physicians and strengthens tort reform protections in place in Ohio, said Bret C. Perry, an attorney for the Academy of Medicine of Cleveland & Northern Ohio. The academy submitted a friend-of-the-court brief in the case.
The high court's decision "reaffirmed the longstanding precedent that a claim for lack of informed consent constitutes a 'medical claim' requiring plaintiffs to produce competent expert medical testimony establishing what a reasonable medical practitioner would have disclosed to his patient about the risks" of a proposed treatment, Perry said in an email.
In the case, Robert White was treated by Hilliard, Ohio-based neurological surgeon Warren Leimbach II, MD, in 1998 for back pain. The doctor diagnosed White with a her [Read more]