Unanticipated Medical-Outcome Care bill introduced in Ohio House

   Ohio House Representative Peter Stautberg introduced a bill last Monday for the most-part directed at health care practitioners and facilities.

Included in the provisions are:

• A health care facility or location is not liable in damages for injury, death, or loss to person in a civil action asserting a medical claim if the injury, death, or loss to person is the result of an act or omission of a health care practitioner who is an independent medical practitioner and the health care facility or location has provided notice in accordance with divisions (C) and (D) of this section that the health care practitioner is or could be an independent medical practitioner.

• In any civil action brought by an alleged victim of an unanticipated outcome of medical care, in any arbitration proceeding related to such a civil action, or in any other civil proceeding, any communications made by a health care provider, an employee of a health care provider, or a representative of a health care provider to the alleged victim, a relative or acquaintance of the alleged victim, or a representative of the alleged victim following an unanticipated outcome and made as part of a review conducted in good faith by the health care provider, an employee of the health care provider, or a representative of the health care provider into the cause of or reasons for an unanticipated outcome, are inadmissible as evidence unless the communications are recorded in the medical record of the alleged victim. Nothing in this section requires a review to be conducted

  Text of Bill