Atty. Jason P. Ferrante
Jason is a member of the Health Care Department and focuses his practice on medical malpractice defense. His litigation practice focuses on representing hospitals, physicians and nursing home/extended care facilities in all manner of health care liability matters.
Profile Summary
About Jason P. Ferrante at a glance
Jason P. Ferrante is a Shareholder based in Cleveland, Ohio, practicing at Marshall Dennehey. They have 22+ years of legal experience, licensed to practice since 2004. Their practice focuses on medical malpractice, elder law, health care, and animal law. Admitted to practice in Ohio (2004), Kentucky (2005), U.S District Court Southern District of Ohio (2005), and U.S District Court Northern District of Ohio (2010). Educated at Cleveland State University College of Law (J.D., 2004) and Ohio University (B.A., 1996). Active member of Associations & Memberships •American Bar Association •Cleveland Metropolitan Bar Association •Ohio State Bar Association. Serands clients in Cleveland, OH and the surrounding metropolitan area.
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About
- Jason is a member of the Health Care Department and focuses his practice on medical malpractice defense
- His litigation practice focuses on representing hospitals, physicians and nursing home/extended care facilities in all manner of health care liability matters
- Jason also has experience in product liability, travel law and workers' compensation litigation
- He has argued before numerous appellate courts throughout Ohio
- Prior to practicing law, Jason had a successful career in sports marketing and communications
- As a member of the Cleveland Browns Trust, he worked to return the Browns to the National Football League
- After working for a firm specializing in NASCAR sponsorship and an arena developer, Jason focused on internet development and marketing in Illinois
- Jason is an alumnus of Ohio University where he served as president of his senior class
- He went on to receive his juris doctor from Cleveland-Marshall College of Law in 2004
- In 2010, Jason was recognized as a Rising Star in medical malpractice defense litigation
- His active community involvement has also included serving as the Secretary of the Charter Commission for the city of University Heights, Ohio
- Jason is licensed to practice in Ohio and Kentucky
- Honors & Awards •The Best Lawyers in America, Litigation - Health Care (2024-2026) •The Best Lawyers in America, Health Care Law (2026) •Ohio Super Lawyers Rising Star (2010) Published Works •'Defending the Compelled Use of Arbitration Agreements,' Defense Digest, Vol. 19, No. 4, December 2013 Thought Leadership Defense Digest Expert Competency Requirements for Physician Liability Experts in Ohio April 1, 2022 Key Points:In Johnson v
- Abdullah, Ohio Supreme Court opines regarding “active clinical practice” competency requirement for physician liability experts.Court upheld long-standing rule that requires physician liability experts to spend 50% or more their professional time in the “active clinical practice” of medicine.Court noted that “active clinical practice” requirement must be met at the time of trial.The connection between attorney and medical expert is as important as an attorney’s relationship with any health care-related client
- Both associations require ongoing communication to not only establish a sound defense, but also to maintain strategy over what may become prolonged discovery and delayed litigation
- This is especially true as we all move through another year of the COVID pandemic and deal with its effects on trial schedules
- Engaging medical experts at the beginning of litigation and continuing the communication is now even more important following the Ohio Supreme Court’s decision in Johnson v
- Abdullah, 2021 WL 4301159 (Ohio Sept. 22, 2021)
- The Johnson court upheld a long-standing rule that requires physician liability experts to spend 50% or more their professional time in the “active clinical practice” of medicine
- This decision provides clarification and cautionary acknowledgement of Ohio Evid.R. 601(B)(5), which states that these experts must “devote at least one half of his or her professional time to the active clinical practice in his or her field of licensure, or to its instruction in an accredited field.”Ohio’s courts have recognized that “active clinical practice” is work “related or adjunctive to patient care as to be necessarily included in that definition for the purpose of determining fault or liability in a medical claim.” Rule 601(B)(5) is understood to preclude testimony from “professional witnesses” and those lacking experience in the field they are opining on
- In McCrory v
- State, 423 N.E.2d 56 (Ohio 1981), the Ohio Supreme Court defined “active clinical practice” to mean the work of physicians “directly involved” in patient care.An exception to the expert competency rule was most notably created by the Ohio Supreme Court in Celmer v
- Rodgers, 871 N.E.2d 557 (Ohio 2007)
- The Celmer court looked at whether an expert could testify if he or she did not meet the “active clinical practice” standard at the time of a continued trial but was actively practicing according to the rule at the earlier time of the originally scheduled trial
- The Celmer decision effectively allowed some experts to assert almost retrospective qualifications even it their “active clinical practice” was not up to standard at the time of trial
- It is an important decision to consider in the age of ongoing trial continuances that we live in today
- An otherwise qualified expert in 2018 or 2019 may not maintain the required percentage over the extended periods of time associated with some current litigation schedules.The Johnson court’s September 2021 decision, however, dismisses any expert relief created in Celmer
- The Johnson court refused to engage in what it considered to be a dilution of Evid.R. 601
- The holding strengthened the general rule and emphasized that the active clinical practice requirement must be met at the time of trial
- This means that a retained medical liability expert who has transitioned into an administrative role or who has reduced their clinical practice may not survive a motion to exclude his or her trial testimony.The Johnson case specifically dealt with alleged negligence in an emergency medicine setting in 2011
- The defendant’s liability expert worked in a hospital management position and served as a medical school professor
- He testified at trial about his applicable accomplishments and experience that directly related to the allegations and clinical issues in the case
- Arguments were raised that the expert did not meet the Evid.R. 601 competency standard because he was not actively engaged in the clinical practice of medicine
- The trial court still allowed him to testify, and the jury ultimately returned a defense verdict
- An appeal subsequently found that the expert’s professional time was essentially in an administrative capacity that should have prevented him from testifying.On further appeal, the Johnson court examined what defines the “active clinical practice of medicine to satisfy the standard” set forth in Evid.R. 601
- The defendant physician relied on the Celmer exception to argue that the expert was more than qualified at the time of the care at issue
- The court, however, would not stray from the confines of the evidentiary rule
- The court’s holding not only upheld the decision to exclude the expert, but very clearly stated that the requisite active clinical practice percentage must be satisfied at the time the expert testifies at trial
- Transitioning into administration and limited teaching roles during the course of litigation could very likely preclude a physician liability expert from testifying at trial.The requirements of the Johnson opinion should be the focus of any expert communication
- Confirming qualifications should be an ongoing process
- Counsel ought to focus on medical liability experts who intend to actively engage in clinical work for an extended period of time
- Clients should also be mindful of the Ohio requirement when considering expert approval recommendations.*Jason is a shareholder working in in our Cleveland, Ohio, office
- He can be reached at 216.912.3808 or JPFerrante@mdwcg.com
- Defense Digest, Vol. 28, No. 1, April 2022 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers
- This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship
- ATTORNEY ADVERTISING pursuant to New York RPC 7.1. 2022 Marshall Dennehey Warner Coleman & Goggin
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- News 98 Marshall Dennehey Attorneys Recognized in the 2026 Editions of The Best Lawyers in America and the Best Lawyers: Ones to Watch in America August 20, 2025
Practice Areas Explained
Jason P. Ferrante's Areas of Practice
Each practice area below reflects the types of cases Jason P. Ferrante handles, with a brief overview of what that area of law covers.
Medical malpractice lawyers represent patients harmed by negligent doctors, hospitals, and other providers. Free case review, no fee unless you win.
Jason P. Ferrante is one of 49,086 medical malpractice attorneys indexed nationally. Browse medical malpractice attorneys in Ohio →
Elder law attorneys for Medicaid planning, long-term care, guardianship, conservatorship, and elder abuse.
Jason P. Ferrante is one of 53,430 elder law attorneys indexed nationally. Browse elder law attorneys in Ohio →
Health care attorneys for HIPAA, Medicare, Medicaid, regulatory compliance, and medical licensing matters.
Jason P. Ferrante is one of 66,735 health care attorneys indexed nationally. Browse health care attorneys in Ohio →
Animal law attorneys for pet custody, veterinary malpractice, animal welfare, and dangerous dog cases.
Jason P. Ferrante is one of 5,126 animal law attorneys indexed nationally. Browse animal law attorneys in Ohio →
Jurisdictional Context
Why local counsel matters in Ohio
Practicing law in Ohio. Legal matters in Ohio are governed by state-specific rules of civil and criminal procedure, statutes of limitations, and substantive law. Cases originating in Cleveland are typically filed in the local municipal court or the appropriate Ohio state district court, depending on subject matter and amount in controversy. An attorney licensed in Ohio brings working knowledge of local procedural deadlines, judicial practices in this andnue, and the substantive law that applies to cases brought here. Out-of-state attorneys generally cannot represent clients in Ohio courts without local counsel or pro hac vice admission.
Looking for additional Ohio attorneys? Browse all attorneys in Cleveland or all attorneys in Ohio.
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