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ROBERTS v. OHIO PERMANENTE MED. GROUP, INC.

No. 95-1042.

76 Ohio St.3d 483 (1996)

ROBERTS, APPELLANT, v. OHIO PERMANENTE MEDICAL GROUP, INC., ET AL., APPELLEES.

Supreme Court of Ohio.

Decided August 28, 1996.

Attorney(s) appearing for the Case

A. William Zavarello Co., L.P.A., and A. William Zavarello, for appellant.

Gallagher, Sharp, Fulton & Norman, Beverly A. Harris and Jay Clinton Rice, for appellees Ohio Permanente Medical Group, Inc. and Dipti Shah, M.D.

Roetzel & Andress, Richard R. Strong and Marlene L. Franklin, for appellee Akron City Hospital.

Dinsmore & Shohl, Stephen K. Shaw and Sara Simrall Rorer, urging affirmance for amicus curiae, Ohio Association of Civil Trial Attorneys.

Jacobson, Maynard, Tuschman & Kalur Co., L.P.A., and Janis L. Small, urging affirmance for amicus curiae, Defense Research Institute.

Bricker & Eckler, James J. Hughes, Jr. and Catherine M. Ballard, urging affirmance for amici curiae, Ohio Hospital Association and Ohio State Medical Association.

Spangenberg, Shibley, Lancione & Liber, John G. Lancione and Pamela Pantages, urging reversal for amicus curiae, Ohio Academy of Trial Lawyers.

FRANCIS E. SWEENEY, SR., J.

The issue presented in this case is whether Ohio should recognize a claim for loss of chance in a wrongful death action where the decedent had a less than fifty-percent chance of survival. For the following reasons, we answer this question in the affirmative.

I Overview of Loss-of-Chance Theory

In medical malpractice cases, the general rule is that the plaintiff must prove causation through medical expert testimony in...

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