Legal Opinion

Denicola v. Providence Hospital

Ohio Supreme Court

Decided March 28, 1979No. 78-891PublishedCited by 61 opinions

1Opinion of the CourtLocher, J.

The first issue for this court’s decision is whether it was procedural error for the trial court to apply R. C. 2743.43, thereby excluding the testimony of appellants’ medical expert. R. C. 2743.43 states, in part:

“(A) No person shall be deemed competent to give expert testimony on the liability issues in a medical claim * * * unless:

■ * #

“(2) Such person devotes three-fourths of his professional-time to the active clinical practice of medicine or surgery, osteopathic medicine and surgery, or podiatric medicine and surgery, or to its instruction in an accredited university.”

Appellants…

2Cases cited7 opinions

  1. San Antonio Independent School District v. RodriguezSupreme Court of the United States · 1973
  2. McGowan v. MarylandSupreme Court of the United States · 1961
  3. Police Dept. of Chicago v. MosleySupreme Court of the United States · 1972
  4. Village of Belle Terre v. BoraasSupreme Court of the United States · 1974
  5. Kilbreath v. RudyOhio Supreme Court · 1968

2 more not listed; retrieve them via the Exa API.

3Cited by61 opinions

  1. Van Fossen v. Babcock & Wilcox Co.Ohio Supreme Court · 1988
  2. Gaines v. Preterm-Cleveland, Inc.Ohio Supreme Court · 1987
  3. Morris v. SavoyOhio Supreme Court · 1991
  4. Estate of Johnson v. Randall Smith, Inc.Ohio Supreme Court · 2013
  5. Wilfong v. BatdorfOhio Supreme Court · 1983

56 more not listed; retrieve them via the Exa API.

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