ESTATE OF JOHNSON v. RANDALL SMITH, INC.

No. 2012-0014.

135 Ohio St.3d 440 (2013)

2013-Ohio-1507

ESTATE OF JOHNSON ET AL., Appellees, v. RANDALL SMITH, INC., ET AL., Appellants.

Supreme Court of Ohio.

Decided April 23, 2013.


Attorney(s) appearing for the Case

Perantinides & Nolan Co., L.P.A., Antonios P. Tsarouhas , and Paul G. Perantinides , for appellees.

Bonezzi, Switzer, Murphy, Polito & Hupp Co., L.P.A., Brett C. Perry , John S. Polito , and Jason A. Paskan , for appellants.

Michael DeWine , Attorney General, Alexandra T. Schimmer , Solicitor General, and Michael J. Hendershot , Chief Deputy Solicitor, urging reversal for amicus curiae state of Ohio.

Bonezzi, Switzer, Murphy, Polito & Hupp Co., L.P.A., Jennifer R. Becker , and Brian F. Lange , urging reversal for amicus curiae the Academy of Medicine of Cleveland & Northern Ohio.

Bricker & Eckler and Anne Marie Sferra , urging reversal for amici curiae Ohio Hospital Association, Ohio State Medical Association, and Ohio Osteopathic Association.


LANZINGER, J.

{¶ 1} In this case, we confront the proper application of R.C. 2317.43, Ohio's statute that prevents the admission of certain statements made by healthcare providers. Also known as the apology statute, R.C. 2317.43 provides opportunities for healthcare providers to apologize and console victims of unanticipated outcomes of medical care without fear that their statements will be used against them in a malpractice suit, by...

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