Estate of Johnson v. Randall Smith, Inc.

{¶ 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 making the statements inadmissible as evidence of an admission of liability or a statement against interest. We are asked to determine whether R.C. 2317.43 can be applied to…