Attorney(s) appearing for the Case
Strachan, Green, Miller, Olender & Hobt and Robert G. Miller, for appellant.
Arter & Hadden, Curtiss L. Isler and Irene C. Keyse-Walker, for appellee.
Supreme Court of Ohio.
The instant appeal presents two distinct issues for our review and determination. The first is whether a positive misrepresentation of a patient's condition, upon which the patient reasonably relies to his detriment, constitutes a cause of action in fraud independent of any claim of malpractice. We hold that the allegations advanced by appellant generated a genuine issue of fact as to whether fraud occurred, a cause of action which we deem to be cognizable...
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