Ohio Justices Ponder Jury Majorities in Medical Negligence Cases

Several Ohio Supreme Court justices on Tuesday appeared concerned by a proposal that could lead to plaintiffs’ verdicts in medical malpractice cases, even when most of a jury doesn’t find in their favor.

The justices heard oral arguments on whether jurors in negligence cases, including medical malpractice, must affirmatively answer the first question on a verdict form in order to vote on a subsequent question. Ohio law requires at least three-fourths of a jury to concur for a civil verdict.

The estate of Scott Boldman, which alleges that a nurse anesthetist’s negligence led to his death, argued that any combination ...