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WHITE v. LEIMBACH

No. 09AP-674.

2010-Ohio-1726

Robert N. White et al., Plaintiffs-Appellants, v. Warren H. Leimbach, II, M.D., Defendant-Appellee.

Court of Appeals of Ohio, Tenth District, Franklin County.

Rendered on April 20, 2010.

Attorney(s) appearing for the Case

Cooper & Elliott, LLC, Charles H. Cooper, Jr. and Rex H. Elliott, for appellants.

Reminger Co., LPA, and Martin T. Galvin, for appellee.

DECISION

TYACK, P.J.

{¶1} Dr. Warren H. Leimbach, II, performed a laminectomy/discectomy (back surgery) on appellant, Robert N. White, in March 1998, and again a few months later, after Mr. White slipped and re-injured the same disc. Prior to the second surgery, Dr. Leimbach allegedly failed to disclose the significant additional risks associated with performing the exact same surgery again—that the existing scar tissue from the...

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