The court unanimously agreed that Ohio’s law shields apologies that include admissions of fault. However, two justices concluded that doctor’s statements were not an apology and the trial court should have allowed his comments to be presented in the case.
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The Supreme Court stated that the majority decision, written by Justice Sharon L. Kennedy, affirmed rulings by lower courts not to admit the statements of Dr. Rodney E. Vivian in a medical malpractice lawsuit brought against him by the family of a woman who committed suicide in 2010. The woman was under Vivian’s care at Mercy Health-Clermont Hospital.
The court ruled that “a statement expressing apology” means a statement expressing a feeling of regret for an unanticipated outcome of the patient’s medical care, and may include an acknowledgment that the patient’s care was substandard.
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The Court heard oral arguments on the matter at an April off-site court hearing in Morgan County.
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