04/16/2025
OSMA Files Brief to Protect Expert Medical Testimony in Medical Malpractice Cases
OSMA, joined by the AMA, the Ohio Hospital Association, and the Ohio Osteopathic Association, recently filed a brief with the Supreme Court of Ohio to protect the use of expert testimony for physicians in medical malpractice cases.
The case concerns allegations of medical negligence against a physician where the admissibility of expert testimony became a focal point. In short, the defendant physician and his orthopedic practice received a unanimous jury verdict in a case involving a popliteal injury following a knee replacement surgery. The core issue revolved around whether the medical provider acted within the standard of care expected in similar circumstances.
To show this, the Defendant physician presented expert witnesses to analyze the procedure, explain the potential risks, and determine whether any deviation from acceptable medical practices occurred. The trial court permitted this expert testimony, which showed that the injury was a known complication of the surgery, and that the testimony itself by the two experts (two orthopedic surgeons, one of whom had a specific background in a Level 1 Trauma facility) was relevant to the subsequent care the plaintiff received. The testifying expert witness surgeons confirmed that the post-surgery injury is a known risk that is generally raises when obtaining a patient’s consent.
The jury, after hearing this crucial evidence, returned a unanimous verdict for the defendants, including the physician. The plaintiff appealed and the appellate court essentially held that the expert testimony was not relevant and should not have been admitted, and reversed the decision of the trial court. The defendants have rightly appealed this case to the Ohio Supreme Court.
OSMA and its partners are deeply concerned with the appellate court’s decision in finding that medical expert testimony was not relevant in this case. This case is a shining example of why experts are needed frequently in medical evidentiary matters. Expert witness testimony is essential for juries and finders of fact in medical negligence cases because it provides specialized knowledge that is crucial for understanding complex medical issues that laypersons may not grasp. Medical malpractice involves intricate concepts regarding standards of care, potential risks, and causation that require expert interpretation. Expert physician witnesses, who are typically seasoned specialists in their respective fields, can articulate these nuances, helping the jury to understand the medical context and the implications of the evidence presented. This testimony aids in establishing whether the defendant met the accepted standards of care and whether any alleged negligence directly caused the plaintiff's injuries. Without expert insights, juries may struggle to make informed decisions, potentially leading to unjust outcomes, such as this case.
OSMA has taken action through the filing of the brief to support the defendant physician and practice, through arguing that the Ohio Supreme Court should review this case and reverse the decision of the appellate case. OSMA argues that the expert evidence was not only relevant, but crucial in this case to understand the procedure, informed consent, and the standard of care. We now await the Supreme Court to issue a decision as to whether it will review the case.