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Publications

Plaintiff’s Medical Care and Treatment–Discovery and Evidentiary Issues

April 2011 - American Bar Association's Products Liability Committee of the Section of Litigation

Publications

Plaintiff’s Medical Care and Treatment–Discovery and Evidentiary Issues

April 2011 - American Bar Association's Products Liability Committee of the Section of Litigation

I.      MEDICAL EXPENSES

        A.      Requirements for Recovery of Past Medical Expenses In an Ohio tort action, an injured plaintiff may recover the necessary and reasonable value of medical expenses resulting from an injury caused by the defendant’s wrongful act. Robinson v. Bates, 857 N.E.2d 1195, 1197 (Ohio 2006). Medical expenses are a type of economic loss. OHIO REV. CODE ANN. § 2307.011 (2010). The economic loss includes expenditures made for “medical care or treatment, rehabilitation services, or other care, treatment, services, products, or accommodations incurred as a result of an injury, death or loss to a person that is a subject of a tort action.” Id. There are no caps on damages awarded for recovery of medical expenses in an Ohio tort action.   Read more…

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