Amicus Briefs
The OSMA regularly participates as an amicus party in selected state and federal appellate court cases, often at the request of the plaintiff or defendant or another interested party. The Legal Services Group uses the following criteria to determine whether the OSMA will participate in a particular matter.
- Membership status of the affected physicians
- The case has broad policy implications for physicians or their patients
- The case supports or contravenes OSMA policy
- Availability of resources, including the expected cost of participating in the litigation
Click here to access Ohio Supreme Court filings, including OSMA amicus briefs, and case decisions.
Geesaman v. St. Rita's Med. Ctr. (loss of chance)
OSMA and other amici are urging the Ohio Supreme Court to make clear that the loss of chance doctrine adopted in Ohio is a limited exception that only applies to plaintiffs who have a less than fifty-percent chance of survival prior to the alleged medical negligence.
Jacques v. Manton (collateral source rule)
The OSMA is asking the Ohio Supreme Court to rule that both billed charges and negotiated rates can be submitted as evidence of damages, and that the difference between billed charges and amounts accepted as payment in full for medical services (or the amount of a medical bill that is written off and not paid by anyone) should not be considered a collateral source.
Tobacco Use Prevention and Control Foundation v. Boyce (2009) (Use of Tobacco Funds)
The OSMA is participating in this case urging the 10th District Court of Appeals to uphold a trial court decision overruling the attempt by the State of Ohio to use funds the state received from the national tobacco litigation settlement to subsidize the Ohio state budget. Physicians and other groups believe the funds should be dedicated for tobacco prevention and control.