PROFESSIONAL LIABILITY CLAIMS"Medical claim' means any claim that is asserted in any civil action against a physician, podiatrist, or hospital, against any employee or agent of a physician, podiatrist, or hospital, or against a registered nurse or physical therapist, and that arises out of the medical diagnosis, care, or treatment of any person. Medical claim' includes derivative claims for relief that arise from the medical diagnosis, care, or treatment of a person." ORC § 2305.11 (D) "Derivative claims for relief' include, but are not limited to, claims of a parent, guardian, custodian, or spouse of an individual who was the subject of any medical diagnosis, care, or treatment...that arise from that diagnosis, care, treatment, or operation, and that seek the recovery of damages for any of the following:
"The complaint or other pleading that sets forth a medical...claim shall be accompanied by one of the following types of documentation...an affidavit of the claimant's attorney...that states that the affiant has consulted with and reviewed the facts of the matter involved with a physician...who the affiant reasonably believes is knowledgeable regarding the issues involved in the particular claim and is competent... "If the complainant in a tort action...seeks more than twenty-five thousand dollars in damages, he shall not specify in the demand for judgment...the amount of the damages sought." ORC § 2309.01 (B) "In any medical claim...an award of damages shall not be reduced by insurance proceeds or payments or other benefits paid under any insurance policy or contract where the premium or cost of such insurance policy or contract was paid either by or for the person who has obtained the award, or by his employer, or both, or by direct payments by his employer, but shall be reduced by any other collateral recovery for medical and hospital care, custodial care or rehabilitation services, and loss of earned income. Unless otherwise expressly provided by statute, a collateral source of indemnity shall not be subrogated to the claimant against a physician, podiatrist, or hospital." ORC § 2305.27 In any civil action upon a medical claim, if the future damages exceed two hundred thousand dollars, then, at any time after the verdict but prior to the entry of judgment, any party may file a motion that requests the court to order that the future damages in excess of two hundred thousand dollars be paid in periodic payments rather than in a lump sum. The court shall order payment through a periodic payment plan approved by the court. Under the periodic payment plan, the plaintiff shall receive a lump sum payment at the time of judgment that includes, but is not limited to, the plaintiff's cost of litigation plus two hundred thousand dollars. If the plaintiff dies before all payments have been made, that portion of the payments which represent future non-economic loss and future medical expenses shall terminate. ORC § 2323.57 Upon the filing of any medical claim, if all the parties agree to submit it to non-binding arbitration, the controversy shall be submitted to an arbitration board consisting of three arbitrators to be named by the court. If the decision of the arbitration board is not accepted by all parties, the claim shall proceed as if it had not been submitted to non-binding arbitration. The decision of the arbitration board is not admissible into evidence at the trial. ORC § 2711.21 "No person shall be liable for any harm that results to any other person as a result of failing to disclose any confidential information about a mental health client, or failing to otherwise attempt to protect such other person from harm by such client." ORC § 5122.34 (See also: STATUTE OF LIMITATIONS)PROFESSIONAL LIABILITY CLAIMS |
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