Roberts v. Ohio Permanente Medical Group, Inc.

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 terms of probability to establish that the injury was, more likely than not, caused by the defendant’s negligence. Shumaker v. Oliver B. Cannon & Sons,…