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· 12/8/2020

Fairrow v. OhioHealth Corp.

Citations

  • 2020 Ohio 5595

Syllabus

The Franklin County Court of Common Pleas did not err in finding there was sufficient evidence in the record demonstrated appellants' treatment was a deviation from the standard of care and caused appellee's injuries. Further, the trial court did not err in denying appellants' motion for judgment notwithstanding the verdict and new trial as the evidence regarding standard of care and causation was not totally insufficient or contrary to law to support the verdict. The trial court did not abuse its discretion in rejecting appellants' proposed interrogatory concerning apportionment of liability to a non-party physician as there was no expert testimony that the physician deviated from the standard of care. The trial court did not abuse its discretion allowing testimony that Conrad's failure to document prior attempts at catheterization constituted a deviation from the standard of care. Moreover, the trial court remediated any potential prejudice from the documentation testimony by granting appellants' motion for a directed verdict and providing clarifying information to the jury. The trial court did not abuse its discretion in allowing the jury to consider an interrogatory related to the higher cap on noneconomic damages under R.C. 2323.43(A)(3). Judgment affirmed.

Judges: Sadler

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