Adams v. Durrani

Citations

• 183 N.E.3d 560
• 2022 Ohio 60

Syllabus

WAIVER – EVID.R. 403 – EVID.R. 404 – EXPERT WITNESS – MEDICAL MALPRACTICE – INFORMED CONSENT – FRADULENT MISREPRESENTATION – BATTERY – REAL PARTY IN INTEREST – R.C. 2307.28 – R.C. 2305.113(C) : In a medical-malpractice case, the medical defendants waived any error in the trial court's references to defendant-doctor as \Mr.\ as opposed to \Dr.\ where they did not object to the court's pretrial order giving the parties notice that it would refer to defendant-doctor as \Mr.\ or its statement to that effect to potential jurors during voir dire. The trial court did not improperly refer to other lawsuits filed against defendant-doctor by telling jurors that there had been \some publicity\ on the case and instructing jurors not to \Google\ the n4ames of the parties involved. The trial court did not abuse its discretion in allowing plaintiffs' expert witness to testify repeatedly that defendant-doctor had \lied\ and committed \fraud\ where defendants objected to some, but not all, of the statements and the expert witness's testimony related to plaintiffs' claim that defendant-doctor had fraudulently misrepresented the nature of her condition and the necessity of surgery. The trial court did not abuse its discretion in allowing plaintiffs' radiologist expert witness to testify regarding whether the diagnostic images indicated that surgery was necessary or whether plaintiff gave informed consent the radiologist, although not a surgeon, was qualified to render an opinion as to whether the diagnostic images indicated that surgery was necessary, and obtaining informed consent from a patient for a procedure is a practice that is standard across all types of medical doctors. The trial court did not err in holding that there was sufficient evidence to submit the issue of a permanent and substantial physical deformity to the jury where the surgery left plaintiff with restricted movement in her neck and permanent physical changes to her spine. Defendants raised their real-party-in-in