(B) A health care facility or location is not liable in | 32 |
damages for injury, death, or loss to person in a civil action | 33 |
asserting a medical claim if the injury, death, or loss to person | 34 |
is the result of an act or omission of a health care practitioner | 35 |
who is an independent medical practitioner and the health care | 36 |
facility or location has provided notice in accordance with | 37 |
divisions (C) and (D) of this section that the health care | 38 |
practitioner is or could be an independent medical practitioner. | 39 |
(C) A health care facility or location is considered as | 40 |
having provided the notice under division (B) of this section if | 41 |
the health care facility or location either provided a copy of the | 42 |
notice in writing to the patient or the patient's representative | 43 |
prior to providing the medical services at issue or the health | 44 |
care facility or location has posted the notice in all of the | 45 |
regular and established admitting areas of the facility or | 46 |
location. In the case of an emergency and in the absence of | 47 |
posting of the notice as provided in this division, a health care | 48 |
facility or location shall provide a copy of the notice in writing | 49 |
to the patient or the patient's representative as soon as | 50 |
practicable under the circumstances. | 51 |
Not all of the health care practitioners who are providing | 55 |
your medical services while you are here are employed by or agents | 56 |
of [name of health care facility or location]. If you want to | 57 |
determine whether a health care practitioner is an employee or | 58 |
agent of [name of health care facility or location], contact [name | 59 |
and phone number for contact person]. In the absence of | 60 |
confirmation that a health care practitioner is an employee or | 61 |
agent of [name of health care facility or location], you should | 62 |
assume that the practitioner is not an employee or agent of [name | 63 |
of health care facility or location]. | 64 |
Sec. 2317.43. (A) In any civil action brought by an alleged | 88 |
victim of an unanticipated outcome of medical care or in any | 89 |
arbitration proceeding related to such a civil action, any and all | 90 |
statements, affirmations, gestures, or conduct expressing apology, | 91 |
sympathy, commiseration, condolence, compassion, error, fault, or | 92 |
a general sense of benevolence that are made by a health care | 93 |
provider or, an employee of a health care provider, or a | 94 |
representative of a health care provider to the alleged victim, a | 95 |
relative of the alleged victim, or a representative of the alleged | 96 |
victim, and that relate to the discomfort, pain, suffering, | 97 |
injury, or death of the alleged victim as the result of the | 98 |
unanticipated outcome of medical care are inadmissible as evidence | 99 |
of an admission of liability or as evidence of an admission | 100 |
against interest. | 101 |
(B) In any civil action brought by an alleged victim of an | 102 |
unanticipated outcome of medical care, in any arbitration | 103 |
proceeding related to such a civil action, or in any other civil | 104 |
proceeding, any communications made by a health care provider, an | 105 |
employee of a health care provider, or a representative of a | 106 |
health care provider to the alleged victim, a relative or | 107 |
acquaintance of the alleged victim, or a representative of the | 108 |
alleged victim following an unanticipated outcome and made as part | 109 |
of a review conducted in good faith by the health care provider, | 110 |
an employee of the health care provider, or a representative of | 111 |
the health care provider into the cause of or reasons for an | 112 |
unanticipated outcome, are inadmissible as evidence unless the | 113 |
communications are recorded in the medical record of the alleged | 114 |
victim. Nothing in this section requires a review to be conducted. | 115 |
(2) "Relative" means a victim's spouse, parent, grandparent, | 120 |
stepfather, stepmother, child, grandchild, brother, sister, half | 121 |
brother, half sister, or spouse's parents. The term includes said | 122 |
relationships that are created as a result of adoption. In | 123 |
addition, "relative" includes any person who has a family-type | 124 |
relationship with a victim. | 125 |
(5) "Review" means the policy, procedures, and activities | 136 |
undertaken by or at the direction of a health care provider, | 137 |
employee of a health care provider, or person designated by a | 138 |
health care provider or employee of a health care provider with | 139 |
the purpose of determining the cause of or reasons for an | 140 |
unanticipated outcome, and initiated and completed during the | 141 |
first forty-five days following the occurrence or discovery of an | 142 |
unanticipated outcome. A review may be extended for a longer | 143 |
period if necessary upon written notice to the patient, relative | 144 |
of the patient, or representative of the patient. | 145 |
(B) In any civil action upon a medical claim, in order for | 151 |
the plaintiff to recover any damages resulting from the alleged | 152 |
injury, death, or loss to person, the plaintiff shall establish by | 153 |
a preponderance of the evidence that the act or omission of the | 154 |
defendant in rendering medical care or treatment is a deviation | 155 |
from the required standard of medical care or treatment and the | 156 |
direct and proximate cause of the injury, death, or loss to | 157 |
person. Direct and proximate cause of the injury, death, or loss | 158 |
to person is established by evidence showing that it is more | 159 |
likely than not that the defendant's act or omission was a cause | 160 |
in fact of the injury, death, or loss to person. Any loss or | 161 |
diminution of a chance of recovery or survival by itself is not an | 162 |
injury, death, or loss to person for which damages may be | 163 |
recovered.
| 164 |
Section 3. The General Assembly finds that in civil actions | 167 |
based upon a medical claim, the negligent act or omission of the | 168 |
responsible party must be shown to have been the direct and | 169 |
proximate cause of the injury, death, or loss to person complained | 170 |
of. The General Assembly also finds that the application of the | 171 |
so-called loss of chance doctrine in those actions improperly | 172 |
alters or eliminates the requirement of direct and proximate | 173 |
causation. Therefore, the Ohio Supreme Court decision adopting the | 174 |
loss of chance doctrine in Roberts v. Ohio Permanente Medical | 175 |
Group, Inc. (1996), 76 Ohio St.3d 483, is hereby abrogated. | 176 |