Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
14 Ohio opinions name it 2 courts 1992–2023 2 in the last five years
The cases below were cited by Ohio courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Bruni v. Tatsumigreen2 sentences2008This expert must be qualified to express an opinion concerning the specific standard of care that prevails in the medical community in which the alleged malpractice took place, according to the body of law that has developed in this area of evidence.' Id. at 131-32 . `Before the plaintiff can recover, she must show by affirmative evidence — first, that defendant was unskillful or negligent; and, second, that his want of skill or care caused injury to the plaintiff. 2008This expert must be qualified to express an opinion concerning the specific standard of care that prevails in the medical community in which the alleged malpractice took place, according to the body of law that has developed in this area of evidence." Id. at 131-32 . "`Before the plaintiff can recover, she must show by affirmative evidence-first, that defendant was unskillful or negligent; and, second, that his want of skill or care caused injury to the plaintiff. | 2 | 12 |
Ramage v. Central Ohio Emergency Services, Inc.green2 sentences2000Bruni , 46 Ohio St.2d at 131 -32 , 346 N.E.2d at 677 -78 . "[The] expert must be qualified to express an opinion concerning the specific standard of care that prevails in the medical community in which the alleged malpractice took place, according to the body of law that has developed in this area of evidence." Bruni , 46 Ohio St.2d at 131 -32 , 346 N.E.2d at 677 -78 ; see, also, Ramage , 64 Ohio St.3d at 102 , 592 N.E.2d at 833 . 1995Ohio Emergency Serv., Inc. (1992), 64 Ohio St.3d 97, 102 , 592 N.E.2d 828 , 832. | 1 | 2 |
Adams v. Durranigreen1 sentence2023This expert must be qualified to express an opinion concerning the specific standard of care that prevails in the medical community in which the alleged malpractice took place, according to the body of law that has developed in this area of evidence.” Id. at 131-132. {¶12} “The expert witness ‘must demonstrate a knowledge of the standards of the school and specialty, if any, of the defendant physician which is sufficient to enable him to give an expert opinion as to the conformity of the defendant’s conduct to those particular standards and not to the standards of the witness’ school, and, or, | 1 | 1 |
Alexander v. Mt. Carmel Medical Centergreen1 sentence2007Comm. (1966), 5 Ohio St.2d 237 , 242 ("expert must be qualified in the matters about which he is to testify"); see Evid.R. 104. {¶ 44} The general rule for expert medical witnesses is that: "the witness must demonstrate a knowledge of the standards of the school and specialty, if any, of the defendant physician which is sufficient to enable him to give an expert opinion as to the conformity of the defendant's conduct to those particular standards and not to the standards of the witness' school and or specialty if it differs from that of the defendant." Hudson v. Arias (1995), 106 Ohio App.3d 7 | 1 | 1 |
Millar v. Beacon Insurance Co. of Americagreen1 sentence2000Bruni , 46 Ohio St.2d at 131 -32 , 346 N.E.2d at 677 -78 . "[The] expert must be qualified to express an opinion concerning the specific standard of care that prevails in the medical community in which the alleged malpractice took place, according to the body of law that has developed in this area of evidence." Bruni , 46 Ohio St.2d at 131 -32 , 346 N.E.2d at 677 -78 ; see, also, Ramage , 64 Ohio St.3d at 102 , 592 N.E.2d at 833 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Ohio. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Ewing v. Goode
green
2 sentences2008If either *Page 5 element is lacking in her proof, she has presented no case for the consideration of the jury.' Id. at 130 , quoting Ewing v. Goode (C.C.S.D.Ohio, 1897), 78 F. 442, 443-44 ." Eschen v. Suico , 9th Dist. 2008If either element is lacking in *Page 7 her proof, she has presented no case for the consideration of the jury.'" Id. at 130 , quoting Ewing v. Goode (C.C.S.D.Ohio, 1897), 78 F. 442, 443-44 . | 2 | 2008–2008 |
Eschen v. Suico, 07ca009304 (8-25-2008)
neutral
1 sentence2017Lorain No. 07CA009304, 2008-Ohio-4294 , 2008 WL 3892151 , ¶ 18, quoting Bruni , 46 Ohio St.2d at 131 -132 , 346 N.E.2d 673 . | 1 | 2017–2017 |
Blakemore v. Blakemore
green
2 sentences2017Blakemore v. Blakemore , 5 Ohio St.3d 217 , 219, 450 N.E.2d 1140 (1983). {¶ 42} An expert tendered " 'to establish the recognized standards of the medical community * * * must be qualified to express an opinion concerning the specific standard of care that prevails in the medical community in which the alleged malpractice took place * * *.' " Eschen v. Suico , 9th Dist. 2017Blakemore v. Blakemore , 5 Ohio St.3d 217 , 219, 450 N.E.2d 1140 (1983). {¶ 42} An expert tendered " 'to establish the recognized standards of the medical community * * * must be qualified to express an opinion concerning the specific standard of care that prevails in the medical community in which the alleged malpractice took place * * *.' " Eschen v. Suico , 9th Dist. | 1 | 2017–2017 |
Hudson v. Arias
green
1 sentence2007Comm. (1966), 5 Ohio St.2d 237 , 242 ("expert must be qualified in the matters about which he is to testify"); see Evid.R. 104. {¶ 44} The general rule for expert medical witnesses is that: "the witness must demonstrate a knowledge of the standards of the school and specialty, if any, of the defendant physician which is sufficient to enable him to give an expert opinion as to the conformity of the defendant's conduct to those particular standards and not to the standards of the witness' school and or specialty if it differs from that of the defendant." Hudson v. Arias (1995), 106 Ohio App.3d 7 | 1 | 2007–2007 |
Taulbee v. Dunsky, Unpublished Decision (11-10-2003)
green
1 sentence2007Comm. (1966), 5 Ohio St.2d 237 , 242 ("expert must be qualified in the matters about which he is to testify"); see Evid.R. 104. {¶ 44} The general rule for expert medical witnesses is that: "the witness must demonstrate a knowledge of the standards of the school and specialty, if any, of the defendant physician which is sufficient to enable him to give an expert opinion as to the conformity of the defendant's conduct to those particular standards and not to the standards of the witness' school and or specialty if it differs from that of the defendant." Hudson v. Arias (1995), 106 Ohio App.3d 7 | 1 | 2007–2007 |
City of Akron v. Public Utilities Commission
green
1 sentence2007Comm. (1966), 5 Ohio St.2d 237 , 242 ("expert must be qualified in the matters about which he is to testify"); see Evid.R. 104. {¶ 44} The general rule for expert medical witnesses is that: "the witness must demonstrate a knowledge of the standards of the school and specialty, if any, of the defendant physician which is sufficient to enable him to give an expert opinion as to the conformity of the defendant's conduct to those particular standards and not to the standards of the witness' school and or specialty if it differs from that of the defendant." Hudson v. Arias (1995), 106 Ohio App.3d 7 | 1 | 2007–2007 |
Johnson v. Grant Hospital
green
1 sentence2003Ohio courts have long recognized this principle. {¶ 44} "Where the issue is one of an exercise of judgment or skill requiring the specialized training of a nurse, expert-opinion evidence would be required." Johnson v. Grant Hosp. (1972), 31 Ohio App.2d 118 , 124-125 , reversed on other grounds (1972), 32 Ohio St.2d 169 . {¶ 45} Under the doctrine of respondeat superior, a hospital is liable for the negligent acts of its employees. | 1 | 2003–2003 |
Johnson v. Grant Hospital
green
1 sentence2003Ohio courts have long recognized this principle. {¶ 44} "Where the issue is one of an exercise of judgment or skill requiring the specialized training of a nurse, expert-opinion evidence would be required." Johnson v. Grant Hosp. (1972), 31 Ohio App.2d 118 , 124-125 , reversed on other grounds (1972), 32 Ohio St.2d 169 . {¶ 45} Under the doctrine of respondeat superior, a hospital is liable for the negligent acts of its employees. | 1 | 2003–2003 |
Crosswhite v. Desai
green
2 sentences2000In Crosswhite v. Desai (1989), 64 Ohio App.3d 170 , 580 N.E.2d 1119 , the court explained the underlying principle for requiring expert testimony in a medical malpractice case: "It has long been the rule in most jurisdictions that in cases of medical malpractice, expert testimony is not merely permitted but required of the plaintiff to meet his burden of proof. 2000In Crosswhite v. Desai (1989), 64 Ohio App.3d 170 , 580 N.E.2d 1119 , the court explained the underlying principle for requiring expert testimony in a medical malpractice case: "It has long been the rule in most jurisdictions that in cases of medical malpractice, expert testimony is not merely permitted but required of the plaintiff to meet his burden of proof. | 1 | 2000–2000 |