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by Jeff Rasansky - November 30, 2013
Jeff Rasansky
Jeff Rasansky, managing partner of Rasansky Law Firm, is an aggressive Dallas personal injury lawyer with 25 years of legal experience.

According to the Ohio Supreme Court, the fact that a doctor or another healthcare professional apologized after an incident that ended up being the basis for a medical malpractice lawsuit cannot be used as evidence against the physician or other defendant. The Columbus Dispatch reported the ruling on April 24.

This was already set in law, but the new Ohio Supreme Court ruling clarifies that law. According to a personal injury attorney quoted in the article, that evidence could be significant to a case. A representative of healthcare concerns, however, argued that a physician’s duty to be sympathetic to their patients suffering should not be used against them in a legal action.

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What Does This Mean?

The law is, of course, all about words and what words can actually be used as evidence is a significant factor in how a case can be pursued. At issue here is whether or not a doctor is actually admitting that they engaged in some sort of wrongdoing when they are sympathetic to what a patient has been put through. According to this new ruling, a physician expressing sympathy to one of their patients who that physician may well have been responsible for harming is not something that can be brought up in court.

Generally speaking, pursuing claims for medical malpractice has been getting more and more difficult over the years. Today, there are very strict requirements for evidence, expert testimony and the limitations involved in medical malpractice claims. This is why it’s vital to have a lawyer who understands all of the nuances of the law as it relates to medical malpractice. Not having such an attorney could result in a claim being held to be totally invalid, even though it should’ve been successful.

A Texas medical malpractice law firm will have to be up-to-date on all of the changes in malpractice law in the state of Texas. There have been several legislative actions that have impacted Texas medical malpractice law over recent years. Whatever the reason for these changes in the law, they do change the nature of filing a lawsuit for attorneys and their clients. A good law firm, however, will understand what evidence is useful and what evidence is not and be able to use the evidence that is permitted to bring the strongest possible claim to court for their client and to seek compensation for any sort of wrongdoing on the part of a physician.

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