Featured Article

Should a Physician Apologize for a Medical Mistake? – The Controversy Over the Effectiveness of Apology Law Statutes

Article by Samuel D. Hodge, Jr. (November 30, 2020)

There are two approaches that health care providers can pursue in handling a medical error. Is it better for a physician not to admit a mistake and aggressively defend the claim or apologize and try to amicably resolve the matter? There has been a growing movement for physicians to offer words of sympathy or to apologize for a medical mistake as a way of minimizing the impact of a medical error and reducing the chances of a malpractice claim. There are a number of benefits to this approach but critics maintain that an apology is a useless gesture with an unproven track record and merely a way of obtaining tort reform in disguise. This Article explores this controversy, the enactment and criticisms of apology laws designed to encourage physicians to talk to patients about medical mistakes, and examines how the courts have responded to whether expressions of sympathy and fault are admissible in court without constituting an admission of liability.

Read the full Article here.

Current Issue

Volume 69, Number 1

Should a Physician Apologize for a Medical Mistake? – The Controversy Over the Effectiveness of Apology Law Statutes

Article by Samuel D. Hodge, Jr. (November 30, 2020)

The Ambiguity and Unfairness of Dismissing Bad Writing

Article by Benjamin D. Raker (November 30, 2020)

The Right to Unmarry: A Proposal

Article by Brian L. Frye and Maybell Romero (November 30, 2020)

Got Bounded Rationality and Political Gridlock? There’s a Loan Disclosure Hack for That

Article by Debra Pogrund Stark, Jessica M. Choplin, and Andrew Pizor (November 30, 2020)

Buckeyes Against the Boycott: Why Ohio’s Law Opposing BDS is Protected Under the First Amendment

Note by Hannah Kraus (November 30, 2020)

No Longer Innocent Until Proven Guilty: How Ohio Violates the Fourth Amendment Through Familial DNA Searches of Felony Arrestees

Note by  Jordan Mason (November 30, 2020)

UPCOMING PUBLICATIONS

We are excited to announce that the following Associates have been selected to have their law review notes published in Volume 69 of Cleveland State Law Review during the 2020-21 school year:

 

Taylor Hagen (Campaign finance reform in Ohio)
Izaak Horstemeier-Zrnich (Copyright small claims courts)
Hannah Kraus (Ohio’s anti-boycotts, divestment, and sanctions law)
Jordan Mason (Constitutionality of Ohio’s familial DNA searches)
Randy Pavlicko (Website accessibility under the Americans with Disabilities Act)
Emily Rees (Workplace harassment)
Jimmy Scherer (Cleveland’s eviction laws)
Natasha Wasil (Postnuptial agreements in Ohio)

 

Also, the following students will be published on our online journal, Et Cetera:


Bryan Fisher (Sports gambling, data, and college athletes)
Liz Jackson (Immigration enforcement in the Trump Era)
Caitlin Steiner (Easing federal banking restrictions for marijuana-related business)

Congratulations all!