DENICOLA v. PROVIDENCE HOSPITAL

No. 78-891.

57 Ohio St. 2d 115 (1979)

DENICOLA ET AL., APPELLANTS, v. PROVIDENCE HOSPITAL ET AL., APPELLEES.

Supreme Court of Ohio.

Decided March 28, 1979.


Attorney(s) appearing for the Case

White, Getgey & Meyer Co., L. P. A., Mr. John J. Getgey, Jr., Messrs. Marks, Goldsmith & Weiner and Mr. Edward G. Marks, for appellants.

Messrs. Dinsmore, Shohl, Coates & Dupree, Mr. Frank C. Woodside, III, Mr. John E. Schlosser, Messrs. Spalding, Grause, Robinson & Arnzen and Mr. John L. Spalding, for appellee Providence Hospital.

Messrs. Rendigs, Fry, Keily & Dennis and Mr. D. Marc Routt, for appellees Drs. Wurzelbacher and Saladin.


LOCHER, J.

The first issue for this court's decision is whether it was procedural error for the trial court to apply R. C. 2743.43, thereby excluding the testimony of appellants' medical expert. R. C. 2743.43 states, in part:

"(A) No person shall be deemed competent to give expert testimony on the liability issues in a medical claim * * * unless:

"* * *

"(2) Such person devotes three-fourths of his professional time to the active clinical practice...

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