Effective: September 13, 2004
Latest Legislation: House Bill 215 - 125th General Assembly
(A) No person shall be deemed competent to give expert testimony on the liability issues in a medical claim, as defined in section 2305.113 of the Revised Code, unless:
(1) Such person is licensed to practice medicine and surgery, osteopathic medicine and surgery, or podiatric medicine and surgery by the state medical board or by the licensing authority of any state;
(2) Such person devotes three-fourths of the person's 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;
(3) The person practices in the same or a substantially similar specialty as the defendant. The court shall not permit an expert in one medical specialty to testify against a health care provider in another medical specialty unless the expert shows both that the standards of care and practice in the two specialties are similar and that the expert has substantial familiarity between the specialties.
(4) If the person is certified in a specialty, the person must be certified by a board recognized by the American board of medical specialties or the American board of osteopathic specialties in a specialty having acknowledged expertise and training directly related to the particular health care matter at issue.
(B) Nothing in division (A) of this section shall be construed to limit the power of the trial court to adjudge the testimony of any expert witness incompetent on any other ground.
(C) Nothing in division (A) of this section shall be construed to limit the power of the trial court to allow the testimony of any other witness, on a matter unrelated to the liability issues in the medical claim, when that testimony is relevant to the medical claim involved.
Structure Ohio Revised Code
Title 27 | Courts-General Provisions-Special Remedies
Chapter 2743 | Court of Claims
Section 2743.01 | State Liability Definitions.
Section 2743.02 | State Waives Immunity From Liability.
Section 2743.03 | Court of Claims.
Section 2743.041 | Affidavit of Disqualification.
Section 2743.05 | Powers of Court.
Section 2743.06 | Fees and Mileage for Witness.
Section 2743.07 | Supreme Court to Appoint Clerk and Deputy Clerks - Bond.
Section 2743.08 | Supplies, Equipment - Compensation of Personnel.
Section 2743.09 | Duties of Clerk.
Section 2743.091 | Actions Under Rc 5903.02 to Be Given Priority.
Section 2743.10 | Civil Actions Determined Administratively by Clerk.
Section 2743.11 | Trial by Jury.
Section 2743.12 | Judgments Rendered in Writing.
Section 2743.121 | Court of Claims Commissioners to Render Award of Reparation Decisions in Writing.
Section 2743.13 | Filing Complaint or Other Pleading - Summons.
Section 2743.14 | Representation of State.
Section 2743.15 | Settle or Compromise Civil Action Against State.
Section 2743.16 | Statute of Limitations - Compromise of Claims.
Section 2743.17 | Prior Decision by Sundry Claims Board.
Section 2743.18 | Prejudgment Interest - Interest on Judgment or Determination.
Section 2743.19 | Enforcing and Paying Judgment and Interest.
Section 2743.191 | Reparations Fund.
Section 2743.31 | Assumption of Liability in Shared Equipment Service Agreements.
Section 2743.43 | Expert Testimony on Liability Issues in Medical Claim.
Section 2743.48 | Wrongful Imprisonment Civil Action Against State.
Section 2743.49 | Adjusting Amount Recoverable for Wrongful Imprisonment.
Section 2743.51 | Reparation Award to Victim of Crime Definitions.
Section 2743.52 | Awards of Reparations for Economic Loss Arising From Criminally Injurious Conduct.
Section 2743.521 | Auditing Fee Bill Payments and Adjust Fee Bill Reimbursements.
Section 2743.531 | Court of Claims Victims of Crime Fund.
Section 2743.55 | Determination of Claims for an Award of Reparations.
Section 2743.56 | Application for Award of Reparations.
Section 2743.58 | Immunity From Civil Liability.
Section 2743.59 | Investigating Claim for Award of Reparations.
Section 2743.60 | Denial of Claim or Reduction of Award of Reparations.
Section 2743.601 | Applicability of Certain Provisions Pertaining to Reparations.
Section 2743.61 | Reconsideration of Decisions - Appeal.
Section 2743.62 | Privilege - Mental and Physical Examinations.
Section 2743.63 | Contempt Finding.
Section 2743.64 | Effect of Criminal Conviction or Prosecution.
Section 2743.65 | Attorney Fees - Witness Fees.
Section 2743.66 | Payment of Award of Reparations in Lump Sum or in Installments.
Section 2743.67 | Making Emergency Awards.
Section 2743.68 | Application for Supplemental Reparations.
Section 2743.69 | Annual Report.
Section 2743.70 | Additional Court Costs and Bail for Reparations Fund.
Section 2743.71 | Information Explaining Awards of Reparations Provided to Victims.
Section 2743.711 | Attorney General Is Legal Representative of Reparations Fund.
Section 2743.712 | Investigation by Attorney General Prior to Reparations Fund Enforcement Action.
Section 2743.72 | Right of Reimbursement, Repayment, and Subrogation in Favor of Reparations Fund.
Section 2743.75 | Jurisdiction Over Claims Alleging Denial of Access to Public Records.