Legal Opinion
Layman v. Woo
Ohio Supreme Court
Decided May 28, 1997No. 96-390PublishedCited by 14 opinions
1Opinion of the Court
Francis E. Sweeney, Sr., J.
In this case, we are asked to determine whether ODHS has a right of subrogation against defendants in a medical malpractice lawsuit for Medicaid benefits it expended on behalf of an injured plaintiff.
Appellants contend that R.C. 2305.27 prohibits ODHS from recovering Medicaid benefits from a defendant found negligent in a medical malpractice lawsuit. R.C. 2305.27, which has since been repealed by 1996 Am.Sub.H.B. No. 350,2 provided:
“Except as provided in section 2743.02 of the Revised Code, in any medical claim, as defined in division (D) of section 2305.11 of the…
2Cases cited5 opinions
- Chemtrol Adhesives, Inc. v. American Manufacturers Mutual InsuranceOhio Supreme Court · 1989
- Carter v. Division of WaterOhio Supreme Court · 1946
- State ex rel. Gareau v. StillmanOhio Supreme Court · 1969
- Hodge v. Middletown Hospital Ass'nOhio Supreme Court · 1991
- Holaday v. Bethesda HospitalOhio Court of Appeals · 1986
3Cited by14 opinions
- Gascho v. Global Fitness Holdings, LLCDistrict Court, S.D. Ohio · 2012
- Roberts v. Total Health Care, Inc.Court of Appeals of Maryland · 1998
- State v. StallingsOhio Court of Appeals · 2002
- Lawson v. Dutch Heritage Farms, Inc.District Court, N.D. Ohio · 2007
- SP9 Ent. Trust v. BrauenOhio Court of Appeals · 2014
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