Ohio Supreme Court Renders Decision in Affidavit of Merit Case

In the last issue of the AMCNO Northern Ohio Physician magazine, the AMCNO outlined the background on a case before the Ohio Supreme Court known as the “Fletcher case.” The article noted that the requirement that an “Affidavit of Merit” be attached and filed with all Complaints alleging medical, dental, optometric, or chiropractic claims was in jeopardy. Ohio Civil Rule 10(D)(2) was amended by the Supreme Court of Ohio, after prompting by the General Assembly, and was intended to discourage the filing of frivolous lawsuits against physicians, hospitals and other health care providers in the State of Ohio. Prior to the Fletcher case, plaintiffs potentially faced immediate dismissal of their claims if they filed a complaint in Ohio without attaching a Rule 10(D)(2) affidavit of merit. An affidavit of merit is a signed statement by a qualified medical professional as to the sufficiency of a medical liability lawsuit.

The AMCNO is pleased to inform our membership that the Ohio Supreme Court has rendered a unanimous decision in the Fletcher case. The ruling clearly states that when a plaintiff in a medical liability lawsuit does not file an affidavit of merit with the complaint, the case may be dismissed. The decision defines the Supreme Court’s Ohio Civil Rule 10(D)(2) which requires an affidavit of merit, for each defendant, to accompany any medical liability lawsuit. 

The AMCNO Medical Legal Liaison Committee, which consists of attorneys and physicians, tracks this type of case so that we may report to our members how these cases could impact the medical liability climate in Ohio. Attorneys from the AMCNO Medical Legal Liaison committee plan to prepare a follow-up article on this important Ohio Supreme Court decision for the January/February issue of the AMCNO magazine.