Estate of Johnson v. Randall Smith, Inc.

Summary

The Supreme Court of Ohio held that Ohio Revised Code 2317.43, which excludes healthcare providers' statements of apology and sympathy in medical-malpractice actions, applies to civil actions filed after September 13, 2004. Because the Johnsons voluntarily dismissed their 2002 action and filed a new action in 2007, the statute applied and properly excluded Dr. Smith's statement. The court reversed the Eleventh District Court of Appeals and remanded for reinstatement of the jury verdict and trial court judgment.

Holdings

1. R.C. 2317.43 applies to any civil action filed after September 13, 2004, including an action involving a healthcare provider's statement made before that date.
2. The trial court properly excluded Dr. Smith's statement under R.C. 2317.43 and did not abuse its discretion.

Questions Presented

1. Whether R.C. 2317.43 applies to a healthcare provider's statement of apology or sympathy made before the statute's effective date when the civil action was filed after that date.
2. Whether the trial court abused its discretion by excluding Dr. Smith's statement under R.C. 2317.43.

Disposition

reversed_and_remanded