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A SERVICE OF OHIO'S PUBLIC BROADCASTING STATIONS
A SERVICE OF OHIO'S PUBLIC BROADCASTING STATIONS
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Janet Hild, administrator of the estate of Scott Boldman v. Samaritan Health Partners et al., Case No. 2023-1076
Second District Court of Appeals (Montgomery County)
ISSUES:
- Does the "same-juror rule," established in a 1991 Supreme Court of Ohio decision, apply to juries considering negligence and causation in medical negligence lawsuits?
- What rule should be used for jurors in medical negligence cases to adhere to the Ohio Constitution's requirement that the verdict must be based on a three-fourths concurrence of the jury?
- To reverse a trial court if it guided the jury incorrectly, must the reviewing court find that the outcome of the case would have been different?
Second District Court of Appeals (Montgomery County)
ISSUES:
- Does the "same-juror rule," established in a 1991 Supreme Court of Ohio decision, apply to juries considering negligence and causation in medical negligence lawsuits?
- What rule should be used for jurors in medical negligence cases to adhere to the Ohio Constitution's requirement that the verdict must be based on a three-fourths concurrence of the jury?
- To reverse a trial court if it guided the jury incorrectly, must the reviewing court find that the outcome of the case would have been different?
April 9, 2024