May 5, 2017
The Ohio Sixth District Court of Appeals unanimously affirmed summary judgment in favor of RCO Law’s hospital client against claims the hospital’s staff negligently allowed a patient to fall. The case presented nuanced questions about the minimum threshold for expert testimony and evidence required in medical negligence cases under the Ohio Rules of Evidence and Procedure.
Attorney Chad M. Thompson, arguing on behalf of the Appellee hospital, maintained that while Plaintiff’s expert steadfastly opined the hospital was negligent, the record contained no evidence within the Ohio Rules that supported such a conclusion. The Appeals Court agreed, finding there was no evidence with which Plaintiff could prove a case of negligence against the hospital, notwithstanding testimony from Plaintiff’s expert.
The hospital was represented by RCO Law Attorneys James E. Brazeau and Chad M. Thompson, with support from Attorney Kayla L. Henderson.