5/16/25
By: Amy C. Baughman and Spencer M. Sukel
Moe, et al. v. Yost, et al., Slip Copy, 2025 WL 844497, 2025-Ohio-914 (10th Dist.)
In Moe, et al. v. Yost, et al., the Tenth Appellate District held that Ohio’s …
Category: Medical & Health Care
Examining the relationship between Ohio’s statute of repose and its savings statute
3/13/25
By: Cori M. Agnoni, Lisa R. House, and Aaron N. Kaeser
In Gamble v. Valley Oaks Care Center, 2025-Ohio-570 (7th Dist.), the court examined the relationship between Ohio’s savings statute and the statute of repose, choosing to …
Ohio Appellate Court ruling reinforces limits on hospital liability for medical malpractice
2/26/25
By: LaShay L. Byrd and Kyle M. Virgin
On January 21, 2025, in Sullivan v. Mercy Health1, the Twelfth Appellate District of Ohio reaffirmed that hospitals cannot be directly sued for medical malpractice. This case highlights the ongoing …
Pathways to behavioral telehealth across state lines
12/23/24
While telehealth has become normative among behavioral health providers (e.g., counselors, clinical social workers, and psychologists), uncertainty still exists among some providers about where and how they can practice telehealth across state lines. The general rule …
The Texas Pandemic Defense: A three-year review
12/11/24
By: Gabriel Canto
Anticipating a flood of litigation following the 2020 COVID pandemic, the Texas Legislature passed two statutes in 2021 designed to broadly limit pandemic liability by instituting heightened pleading requirements and a de facto gross negligence standard. Now, …
12/2/24
Per CMS Final Rule issued on 11/17/23 and implemented on 10/1/24 (88 FR 801401), Medicare-enrolled SNF’s face substantially increased burdens for disclosure of ownership and control information pursuant to revised Form 855A, which includes several new …
Ohio’s new R.C. 2307.241 clarifies parties to be named in professional liability lawsuits
11/26/24
By: Cori M. Agnoni and Amy C. Baughman
Ohio’s newly enacted statute, R.C. 2307.241, which took effect on October 24, 2024, alters the approach to bringing liability claims against professional service providers. Its prospective application permits injured parties to file …
10/23/24
By: Donald Patrick Eckler and Jessica Sterna
In the midst of the COVID-19 pandemic, Illinois Governor J.B. Pritzker made a disaster declaration that started on April 1, 2020 and expired on May 11, 2023. While the disaster declaration was in …
Illinois Appellate Court blesses circuit court decision denying personal jurisdiction
9/23/24
By: Donald Patrick Eckler and Charlotte Meltzer
Suppose an Illinois patient dies following advice given by a nonresident physician via phone call. Does this phone call grant Illinois specific personal jurisdiction over the nonresident physician? The Illinois Appellate Court, Fourth …
Logic dictates: Ohio Supreme Court settles negligence action jury instructions
9/10/24
By: Doug P. Holthus and Spencer M. Sukel
Last week, the Supreme Court of Ohio issued a significant ruling in Hild v. Samaritan Health Partners affecting litigants’ right to a jury trial under the Ohio Constitution. Slip Opinion No. …
Nevada Supreme Court upholds $200 million jury verdict against health insurer
9/4/24
By: Galina Kletser Jakobson and Lisa M. Lampkin
In Sierra Health and Life Ins. Co. v. Eskew, 2024 WL3665443 (2024), an unpublished opinion, the Nevada Supreme Court upheld a jury verdict awarding $40 Million in compensatory and $160 Million …
8/27/24
California’s Fourth Appellate District recently ordered that a critical opinion be published concerning clarifications to the collateral source rule. The appellate court heard arguments about an underlying auto v. auto action brought by Plaintiff David Audish. …