AMCNO Successful Litigation
Jaques v. Manton (Collateral Source Rule)
As an amicus participant in Jaques v. Manton, the AMCNO was pleased with the recent Ohio Supreme Court ruling that allows jurors to hear evidence of write-offs related to medical expenses in personal injury cases. The Court held that write-offs, the difference between billed charges and the amount actually accepted as payment in full for medical services, are not collateral sources under Ohio law and can be admitted into evidence consistent with the law as stated in a prior Court holding. The decision ensures that juries will hear accurate evidence of the amount of money actually spent or paid out for medical expenses in personal injury cases. Click here for more information (Ohio Supreme Court, 2010-Ohio-1838).
White v. Lembach (Informed Consent Issue)
As an amicus participant in White v. Leimbach, 10th Dist. No. 09AP-674, 2010-Ohio-1726, the AMCNO was pleased with the recent Ohio Supreme Court ruling that confirmed that the tort of lack of informed consent constitutes a medical claim and that a plaintiff must produce expert medical testimony establishing: 1) the material risks or dangers inherent in a procedure, and 2) that an undisclosed risk or danger actually materialized and proximately caused injury. Click here for more information (Ohio Supreme Court, 2010-Ohio-6238).
Wymsylo v. Bartec, Inc. (Ohio Supreme Court Upholds Indoor Smoking Ban)
As an amicus participant in Wymsylo v. Bartec, Inc., the AMCNO was pleased to learn that the Supreme Court of Ohio has affirmed a ruling by the Tenth District Court of Appeals to uphold the Ohio Smoke Free Workplace Act as constitutional. The court’s 7-0 decision, authored by Justice Judith Ann Lanzinger, rejected claims by the owner of Zeno’s Victorian Village that fines assessed against his establishment for violating the statewide ban on smoking in places of employment exceeded the state’s legitimate police powers or were an unconstitutional governmental “taking” of private property. Click here for more information (Ohio Supreme Court, 2010-Ohio-2187).