Court: Apology is inadmissible in Ohio medical-malpractice suit

04/25/2013 | Insurance Journal

The Ohio Supreme Court has found that a doctor's apology is inadmissible even though it is alleged to have occurred before a law forbidding such apologies as evidence took effect. In overturning an appeals court ruling, the high court said that the date of the lawsuit was more critical than the date of the event. The doctor made the apology "to comfort his patient," and "[t]his is precisely the type of evidence that [the medical-apology law] was designed to exclude as evidence of liability in a medical-malpractice case," Justice Judith Ann Lanzinger wrote in the majority opinion.

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