OH: misdiagnosis of abdominal abscesses on teen: court holds in limine rulings not appealable.
COURT'S OPINION: The Court of Appeals of Ohio affirmed the judgment of the lower court. The court held, inter alia, that a ruling on a motion in limine is an interlocutory ruling as to the potential admissibility of evidence at trial and cannot serve as the basis for assigned error on appeal. The court held that because a ruling on such a motion is only preliminary, a party must actually seek to introduce the evidence or testimony once the issue is presented at trial, in order to properly preserve the issue for an appeal. Since in this case the plaintiffs failed to offer the testimony into evidence (instead relying on the trial judge's in limine ruling) the court affirmed the decision for the defendants. Phibbs v. Children's Hospital Medical Center, 2005 WL146039 N.E.2d--OH
A. David Tammelleo, JD, is a nationally recognized authority on health care law. Practicing law for over 40 years, he concentrates in health care law with the Rhode Island firm of A. David Tammelleo & Associates. He has presented seminars on medical, nursing and hospital law throughout the United States. In addition to his writings as Editor of Medical Law's, Nursing Law's & Hospital Law's Regan Reports, his legal articles have been published in the most prestigious health law journals. A prolific writer, his thousands of articles, as well as his achievements as an attorney and lecturer, have won him recognition in Martindale-Hubbell's Bar Register of Preeminent Lawyers, Marquis Who's Who in American Law, Who's Who in America and Who's Who in the World.
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|Title Annotation:||Children's Hospital's case of medical malpractice|
|Author:||Tammelleo, A. David|
|Publication:||Hospital Law's Regan Report|
|Date:||Jun 1, 2005|
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