TortsProf Blog

Editor: Christopher J. Robinette
Widener Commonwealth Law School

Wednesday, June 19, 2019

Ohio Medical Malpractice Improvement Act

On March 20th of this year, the Ohio Medical Malpractice Improvement Act became law.  Its sponsor spoke of its provisions as "gap-filling."  JD Supra put together a list of those provisions:

  1. Correcting language related to a nursing home plan of care in the statutory definition of a “medical claim,” to ensure that certain claims apply to nursing homes, but not to hospitals or other medical providers;
  2. Establishing an alternative standard of liability when a natural or man-made disaster or an epidemic overwhelms emergency care providers: specifically, medical providers will only be held liable in these circumstances if their actions constitute a reckless disregard for the consequences to the life and health of the patient;
  3. Providing immunity to health care providers who elect to keep as inpatients those whose medical condition allows for discharge, but whose mental health condition may threaten the safety of the patient or others;
  4. Adding the terms “error” and “fault” to the list of communications in the Apology Statute – which bars the admission of evidence of healthcare providers’ statements apology, sympathy, or benevolence made to patients and their representatives following an unanticipated outcome of medical care – thereby allowing for more open conversations between patients and physicians when an unanticipated outcome in medical care occurs;
  5. Making inadmissible at trial medical records that contain reference to any communications by a medical provider that are protected by the Apology Statute;
  6. Making inadmissible at trial evidence of communications by a healthcare provider and/or by a victim that are made during a health care provider’s review of the cause of an unanticipated outcome, unless the communications are recorded in the victim’s medical records;
  7. Prohibiting at trial the use of guidelines, regulations and standards in the Patient Protection and Affordable Care Act, and in the Social Security Act, as evidence of the standard of care;
  8. Prohibiting at trial the use of insurer reimbursement policies and reimbursement determinations, and of Medicare and/or Medicaid regulations as evidence of the standard of care or a breach in the standard of care; and
  9. Reducing the need for a plaintiff to “sweep” unnecessary defendants into a lawsuit due to the expiration of the statute of limitations, by providing a plaintiff an additional 180 days after the filing of a medical claim to conduct discovery for the purpose of identifying any other potential claims or defendants not named in the complaint, and allowing such claims and individuals to be added to the lawsuit (even though the statute of limitations has run) at any point during the 180-day period.

https://lawprofessors.typepad.com/tortsprof/2019/06/ohio-medical-malpractice-improvement-act.html

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