Neugebauer v. Farinacci

Citations

• 239 N.E.3d 975
• 2024 Ohio 960

Syllabus

Medical negligence delivery R.C. 2305.252(A) peer review privilege privileges suspended revoked Evid.R. 611 Evid.R. 613 motion in limine relevancy Evid.R. 401 unfairly prejudicial Evid.R. 403(B) impeachment cross-examination. - Defendant-physician did not withstand his threshold burden of establishing the existence of a committee that met the statutory definition of peer review committee contained in R.C. 2305.25(E). Trial court's determination that peer review committee privilege shielded defendant-physician about hospital privilege status was in error. Nevertheless, the trial court properly limited examination about hospital privileges because the probative value of whether defendant-physician's hospital privileges were suspended or revoked following the child's delivery was substantially outweighed by the danger of unfair prejudice, confusion of the issues, and misleading the jury. No abuse of discretion in the trial court's decision to limit cross-examination of defendant-physician about the status of his privileges.