defendant breached standard in Ohio

13 Ohio opinions name it 1 courts 1993–2025 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.

Followed or applied (6)

Case	Followed	Cited
Bruni v. Tatsumigreen ohio · 1976 · cited in 5 Ohio opinions naming this issue, 2009–2020 2 sentences 2020Bruni v. Tatsumi, 46 Ohio St.2d 127 (1976), paragraph one of the syllabus. 2017Bruni v. Tatsumi, 46 Ohio St.2d 127 , 346 N.E.2d 673 (1976), paragraph one of the syllabus (the injury was proximately caused by the doing of some particular thing that a physician of ordinary skill, care, and diligence would not have done under similar conditions or by the failure to do some particular thing that such a physician would have done under similar conditions).	1	5
Segedy v. Cardiothoracic & Vascular Surgery of Akron, Inc.green ohioctapp · 2009 · cited in 5 Ohio opinions naming this issue, 2012–2019 2 sentences 2019In so doing, “the court of appeals must always be mindful of the presumption in favor of the finder of fact.” Id. at ¶ 21. {¶8} “In order to prove medical malpractice, the plaintiff has the burden to prove, by a preponderance of the evidence, that the defendant breached the standard of care owed to the plaintiff and that the breach proximately caused an injury.” Segedy v. Cardiothoracic & Vascular Surgery of Akron, Inc., 182 Ohio App.3d 768 , 2009-Ohio-2460 , ¶ 11 (9th Dist.). “[M]edical negligence cases require expert testimony regarding the standard of care and proximate cause.” Callahan v. 2018Summit No. 26555, 2013-Ohio-2520 , 2013 WL 3128281 , ¶ 15, quoting Osler v. City of Lorain , 28 Ohio St.3d 345 , 347, 504 N.E.2d 19 (1986). {¶ 8} "In order to prove medical malpractice, the plaintiff has the burden to prove, by a preponderance of the evidence, that the defendant breached the standard of care owed to the plaintiff and that the breach proximately caused an injury." Segedy v. Cardiothoracic & Vascular Surgery of Akron, Inc. , 182 Ohio App.3d 768 , 2009-Ohio-2460 , 915 N.E.2d 361 , ¶ 11 (9th Dist.).	1	5
Schumacher v. Patelgreen ohioctapp · 2023 · cited in 1 Ohio opinions naming this issue, 2025–2025 1 sentence 2025In such cases, expert testimony is necessary to demonstrate "(1) the applicable standard of care within the medical community, (2) the defendant breached that standard of care, and (3) the breach of the standard of care proximately caused the plaintiff's injury." Schumacher v. Patel, 2023-Ohio-4623, ¶ 20 (10th Dist.).	1	1
Culp v. Olukogagreen ohioctapp · 2013 · cited in 1 Ohio opinions naming this issue, 2025–2025 1 sentence 2025If a plaintiff fails to present such expert testimony, then "a court may enter summary judgment in favor of the defendant-physician." Culp v. Olukoga, 2013-Ohio-5211, ¶ 70 (4th Dist.), quoting Armeni v. Aromatorio, 2012-Ohio-1500, ¶ 34 (7th Dist.); Taylor v. McCullough-Hyde Mem.	1	1
Armeni v. Aromatoriogreen ohioctapp · 2012 · cited in 1 Ohio opinions naming this issue, 2025–2025 1 sentence 2025If a plaintiff fails to present such expert testimony, then "a court may enter summary judgment in favor of the defendant-physician." Culp v. Olukoga, 2013-Ohio-5211, ¶ 70 (4th Dist.), quoting Armeni v. Aromatorio, 2012-Ohio-1500, ¶ 34 (7th Dist.); Taylor v. McCullough-Hyde Mem.	1	1
Osler v. City of Loraingreen ohio · 1986 · cited in 1 Ohio opinions naming this issue, 2018–2018 2 sentences 2018Summit No. 26555, 2013-Ohio-2520 , 2013 WL 3128281 , ¶ 15, quoting Osler v. City of Lorain , 28 Ohio St.3d 345 , 347, 504 N.E.2d 19 (1986). {¶ 8} "In order to prove medical malpractice, the plaintiff has the burden to prove, by a preponderance of the evidence, that the defendant breached the standard of care owed to the plaintiff and that the breach proximately caused an injury." Segedy v. Cardiothoracic & Vascular Surgery of Akron, Inc. , 182 Ohio App.3d 768 , 2009-Ohio-2460 , 915 N.E.2d 361 , ¶ 11 (9th Dist.). 2018Summit No. 26555, 2013-Ohio-2520 , 2013 WL 3128281 , ¶ 15, quoting Osler v. City of Lorain , 28 Ohio St.3d 345 , 347, 504 N.E.2d 19 (1986). {¶ 8} "In order to prove medical malpractice, the plaintiff has the burden to prove, by a preponderance of the evidence, that the defendant breached the standard of care owed to the plaintiff and that the breach proximately caused an injury." Segedy v. Cardiothoracic & Vascular Surgery of Akron, Inc. , 182 Ohio App.3d 768 , 2009-Ohio-2460 , 915 N.E.2d 361 , ¶ 11 (9th Dist.).	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Ohio. Read the followed side critically anyway.

Also cited on this issue (8)

Case	Cited	Years
Sharp v. Andersons, Inc., Unpublished Decision (8-8-2006) green ohioctapp · 2006 1 sentence 2021Franklin No. 06AP- 81, 2006-Ohio-4075, ¶ 13 . {¶22} Here, the church met its initial burden to demonstrate entitlement to summary judgment by specifically referring to deposition testimony which demonstrates that Stubbs cannot establish that the church breached a duty of care owed to her, and Stubbs failed to then meet her reciprocal burden.	1	2021–2021
Jackovic v. Webb green ohioctapp · 2013 1 sentence 2018Summit No. 26555, 2013-Ohio-2520 , 2013 WL 3128281 , ¶ 15, quoting Osler v. City of Lorain , 28 Ohio St.3d 345 , 347, 504 N.E.2d 19 (1986). {¶ 8} "In order to prove medical malpractice, the plaintiff has the burden to prove, by a preponderance of the evidence, that the defendant breached the standard of care owed to the plaintiff and that the breach proximately caused an injury." Segedy v. Cardiothoracic & Vascular Surgery of Akron, Inc. , 182 Ohio App.3d 768 , 2009-Ohio-2460 , 915 N.E.2d 361 , ¶ 11 (9th Dist.).	1	2018–2018
Murphy v. City of Reynoldsburg green ohio · 1992 2 sentences 2017Murphy v. Reynoldsburg, 65 Ohio St.3d 356, 358-359 , 1992-Ohio-95 , 604 N.E.2d 138 . {¶25} In a medical malpractice case, the plaintiff must establish the standard of care within the medical community, that the defendant breached that standard, and that the breach proximately caused the injury. 2017Murphy v. Reynoldsburg, 65 Ohio St.3d 356, 358-359 , 1992-Ohio-95 , 604 N.E.2d 138 . {¶25} In a medical malpractice case, the plaintiff must establish the standard of care within the medical community, that the defendant breached that standard, and that the breach proximately caused the injury.	1	2017–2017
State v. Yarbrough green ohio · 2002 1 sentence 2015Summit No. 27239, 2014-Ohio-4651, ¶ 6 , quoting State v. Yarbrough, 95 Ohio St.3d 227 , 2002-Ohio-2126, ¶ 40 . {¶14} “In order to prove medical malpractice, the plaintiff has the burden to prove, by a preponderance of the evidence, that the defendant breached the standard of care owed to the plaintiff and that the breach proximately caused an injury.” Segedy v. Cardiothoracic & Vascular Surgery of Akron, Inc., 182 Ohio App.3d 768 , 2009-Ohio-2460 , ¶ 11 (9th Dist.).	1	2015–2015
State v. Yarbrough green ohio · 2002 1 sentence 2015Summit No. 27239, 2014-Ohio-4651, ¶ 6 , quoting State v. Yarbrough, 95 Ohio St.3d 227 , 2002-Ohio-2126, ¶ 40 . {¶14} “In order to prove medical malpractice, the plaintiff has the burden to prove, by a preponderance of the evidence, that the defendant breached the standard of care owed to the plaintiff and that the breach proximately caused an injury.” Segedy v. Cardiothoracic & Vascular Surgery of Akron, Inc., 182 Ohio App.3d 768 , 2009-Ohio-2460 , ¶ 11 (9th Dist.).	1	2015–2015
Chambers v. Lee green ohioctapp · 2014 1 sentence 2015Summit No. 27239, 2014-Ohio-4651, ¶ 6 , quoting State v. Yarbrough, 95 Ohio St.3d 227 , 2002-Ohio-2126, ¶ 40 . {¶14} “In order to prove medical malpractice, the plaintiff has the burden to prove, by a preponderance of the evidence, that the defendant breached the standard of care owed to the plaintiff and that the breach proximately caused an injury.” Segedy v. Cardiothoracic & Vascular Surgery of Akron, Inc., 182 Ohio App.3d 768 , 2009-Ohio-2460 , ¶ 11 (9th Dist.).	1	2015–2015
Schottenstein Zox & Dunn Co., L.P.A. v. Reineke green ohioctapp · 2011 1 sentence 2012No. 10CA0138-M, 2011-Ohio-6201, ¶ 8 . {¶8} “In order to prove medical malpractice, the plaintiff has the burden to prove, by a preponderance of the evidence, that the defendant breached the standard of care owed to the plaintiff and that the breach proximately caused an injury.” Segedy v. Cardiothoracic & Vascular Surgery of Akron, Inc., 182 Ohio App.3d 768 , 2009-Ohio-2460 , ¶ 11 (9th Dist.).	1	2012–2012
Rogers v. Meridian Park Hospital green or · 1989 2 sentences 1993The fundamental issue in these cases, as in all negligence cases, is whether the defendant breached the standard of care and caused injury to the plaintiff.” Rogers v. Meridian Park Hosp. (1989), 307 Ore. 612, 619 , 772 P.2d 929, 932 . 1993The fundamental issue in these cases, as in all negligence cases, is whether the defendant breached the standard of care and caused injury to the plaintiff.” Rogers v. Meridian Park Hosp. (1989), 307 Ore. 612, 619 , 772 P.2d 929, 932 .	1	1993–1993

Where else courts name it

MI 79 (2004–2026) TX 29 (2003–2024) LA 28 (1986–2023) NY 21 (2000–2025) KY 14 (2003–2025) OH 13 (1993–2025) AR 8 (1997–2025) DC 7 (1986–2007) CA 7 (2010–2026) CT 5 (1993–2014) MD 5 (2010–2025) AL 4 (1992–2009) IL 4 (2006–2010) AZ 3 (1994–2023) VT 3 (1994–2010) NH 2 (2002–2003) OR 2 (1989–2022) WI 2 (1999–2008)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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