What Is an In-Person Oral Argument in Ohio? Elk + Elk Attorney Curtis Fifner Takes Us Behind the Scenes
Posted in Firm News, Medical Malpractice, Speaking Engagements on March 10, 2025
Curtis Fifner, an attorney with Elk + Elk, recently participated in an in-person legal presentation, offering a unique look at how legal cases are debated in Ohio’s courts. These presentations, known as oral arguments, play an important role in the appeals process. During these sessions, lawyers discuss key legal issues with a group of judges to advocate for their clients and explain why their appeals should be approved.
How Does an Oral Argument Work?
Oral arguments allow lawyers to explain their cases directly to a court, highlighting critical legal issues and answering questions from the judges. In Ohio, this process works in a specific way:
- If an attorney wants to argue their case in person, they can ask for it by writing “ORAL ARGUMENT REQUESTED” on the front page of their legal document.
- If the court agrees to the request, they will let everyone involved know when and where the discussion will take place.
- Typically, each side has about 15 minutes to share their points, although the court can change this time if needed.
- Judges might ask questions during the discussion to better understand or challenge the arguments being made.
- It’s important to know that no new evidence can be presented, and witnesses cannot be called to speak during this process.
Once the lawyers finish presenting their cases, the court will take some time to discuss and reach a decision. They will write down their opinion and make an entry in their official records. This decision will be shared with everyone involved in the case and made available on the Ohio Supreme Court’s website.
What Was the Case About?
The case focused on whether a patient must personally sue every nurse involved in their care to hold a hospital responsible for medical malpractice. Elk + Elk attorney Curtis Fifner argues that, in Ohio, the law typically allows patients to sue just the hospital. This means nurses and other hospital staff are usually not named in lawsuits unless necessary.
This argument is significant because it connects to House Bill 179, a new law that attorney Curtis Fifner helped get passed in Ohio. This law, which became in effect in October 2024, makes it easier for people to sue hospitals without needing to mention every individual nurse involved in their .
The court was looking into whether a recent decision by the Ohio Supreme Court in a case called Clawson v. Heights Chiropractic Physicians should also apply to nurses. This decision could significantly affect how medical malpractice claims are handled in Ohio in the future.
Choose Elk + Elk
Oral arguments give us an intriguing look at how the legal system works, which is often more complex than what we see in movies or TV shows about courtrooms. They highlight the hard work, skill, and careful planning that lawyers put into presenting their cases to higher courts. We’re proud of attorney Curtis Fifner for his important role in this case and his ongoing efforts to improve the laws in Ohio!