Text of Statute
-- Pre-HB 350 (Tort Reform Act) version of this section.
(A) An action for libel, slander, malicious prosecution, or false imprisonment, an action for malpractice other than an action upon a medical, dental, optometric, or chiropractic claim, or an action upon a statute for a penalty or forfeiture shall be commenced within one year after the cause of action accrued, provided that an action by an employee for the payment of unpaid minimum wages, unpaid overtime compensation, or liquidated damages by reason of the nonpayment of minimum wages or overtime compensation shall be commenced within two years after the cause of action accrued.
(B)(1) Subject to division (B)(2) of this section, an action upon a medical, dental, optometric, or chiropractic claim shall be commenced within one year after the cause of action accrued, except that, if prior to the expiration of that one-year period, a claimant who allegedly possesses a medical, dental, optometric, or chiropractic claim gives to the person who is the subject of that claim written notice that the claimant is considering bringing an action upon that claim, that action may be commenced against the person notified at any time within one hundred eighty days after the notice is so given.
(2) Except as to persons within the age of minority or of unsound mind, as provided by section 2305.16 of the Revised Code:
(a) In no event shall any action upon a medical, dental, optometric, or chiropractic claim be commenced more than four years after the occurrence of the act or omission constituting the alleged basis of the medical, dental, optometric, or chiropractic claim.
(b) If an action upon a medical, dental, optometric, or chiropractic claim is not commenced within four years after the occurrence of the act or omission constituting the alleged basis of the medical, dental, optometric, or chiropractic claim, then, notwithstanding the time when the action is determined to accrue under division (B)(1) of this section, any action upon that claim is barred.
(C) A civil action for unlawful abortion pursuant to section 2919.12 of the Revised Code, a civil action authorized by division (H) of section 2317.56 of the Revised Code, a civil action pursuant to division (B)(1) or (2) of section 2307.51 of the Revised Code for performing a dilation and extraction procedure or attempting to perform a dilation and extraction procedure in violation of section 2919.15 of the Revised Code, and a civil action pursuant to division (B)(1) or (2) of section 2307.52 of the Revised Code for terminating or attempting to terminate a human pregnancy after viability in violation of division (A) or (B) of section 2919.17 of the Revised Code shall be commenced within one year after the performance or inducement of the abortion, within one year after the attempt to perform or induce the abortion in violation of division (A) or (B) of section 2919.17 of the Revised Code, within one year after the performance of the dilation and extraction procedure, or, in the case of a civil action pursuant to division (B)(2) of section 2307.51 of the Revised Code, within one year after the attempt to perform the dilation and extraction procedure.
(1) "Hospital" includes any person, corporation, association, board, or authority that is responsible for the operation of any hospital licensed or registered in the state, including, but not limited to, those which are owned or operated by the state, political subdivisions, any person, any corporation, or any combination thereof. "Hospital" also includes any person, corporation, association, board, entity, or authority that is responsible for the operation of any clinic that employs a full-time staff of physicians practicing in more than one recognized medical specialty and rendering advice, diagnosis, care, and treatment to individuals. "Hospital" does not include any hospital operated by the government of the United States or any of its branches.
(2) "Physician" means a person who is licensed to practice medicine and surgery or osteopathic medicine and surgery by the state medical board or a person who otherwise is authorized to practice medicine and surgery or osteopathic medicine and surgery in this state.
(3) "Medical claim" means any claim that is asserted in any civil action against a physician, podiatrist, or hospital, against any employee or agent of a physician, podiatrist, or hospital, or against a registered nurse or physical therapist, and that arises out of the medical diagnosis, care, or treatment of any person. "Medical claim" includes derivative claims for relief that arise from the medical diagnosis, care, or treatment of a person.
(4) "Podiatrist" means any person who is licensed to practice podiatric medicine and surgery by the state medical board.
(5) "Dentist" means any person who is licensed to practice dentistry by the state dental board.
(6) "Dental claim" means any claim that is asserted in any civil action against a dentist, or against any employee or agent of a dentist, and that arises out of a dental operation or the dental diagnosis, care, or treatment of any person. "Dental claim" includes derivative claims for relief that arise from a dental operation or the dental diagnosis, care, or treatment of a person.
(7) "Derivative claims for relief" include, but are not limited to, claims of a parent, guardian, custodian, or spouse of an individual who was the subject of any medical diagnosis, care, or treatment, dental diagnosis, care, or treatment, dental operation, optometric diagnosis, care, or treatment, or chiropractic diagnosis, care, or treatment, that arise from that diagnosis, care, treatment, or operation, and that seek the recovery of damages for any of the following:
(a) Loss of society, consortium, companionship, care, assistance, attention, protection, advice, guidance, counsel, instruction, training, or education, or any other intangible loss that was sustained by the parent, guardian, custodian, or spouse;
(b) Expenditures of the parent, guardian, custodian, or spouse for medical, dental, optometric, or chiropractic care or treatment, for rehabilitation services, or for other care, treatment, services, products, or accommodations provided to the individual who was the subject of the medical diagnosis, care, or treatment, the dental diagnosis, care, or treatment, the dental operation, the optometric diagnosis, care, or treatment, or the chiropractic diagnosis, care, or treatment.
(8) "Registered nurse" means any person who is licensed to practice nursing as a registered nurse by the state board of nursing.
(9) "Chiropractic claim" means any claim that is asserted in any civil action against a chiropractor, or against any employee or agent of a chiropractor, and that arises out of the chiropractic diagnosis, care, or treatment of any person. "Chiropractic claim" includes derivative claims for relief that arise from the chiropractic diagnosis, care, or treatment of a person.
(10) "Chiropractor" means any person who is licensed to practice chiropractic by the chiropractic examining board.
(11) "Optometric claim* means any claim that is asserted in any civil action against an optometrist, or against any employee or agent of an optometrist, and that arises out of the optometric diagnosis, care, or treatment of any person. "Optometric claim" includes derivative claims for relief that arise from the optometric diagnosis, care, or treatment of a person.
(12) "Optometrist" means any person licensed to practice optometry by the state board of optometry.
(13) "Physical therapist" means any person who is licensed to practice physical therapy under Chapter 4755. of the Revised Code.
History
HISTORY: RS § 4983; S&C 949; 51 v 57, § 16; 91 v 299; GC § 11225; 120 v 646; 122 v 374; Bureau of Code Revision, 10-1-53; 135 v H 989 (Eff 9-16-74); 136 v H 682 (Eff 7-28-75); 136 v H 1426 (Eff 7-1-76); 139 v H 243 (Eff 3-15-82); 140 v S 183 (Eff 9-26-84); 141 v H 319 (Eff 3-24-86); 142 v H 327 (Eff 10-20-87); 143 v S 80 (Eff 6-28-90); 143 v S 125 (Eff 1-13-91); 144 v H 108 (Eff 5-28-92); 144 v S 124 (Eff 4-16-93); 146 v H 135. Eff 11-15-95.
The provisions of § 3 of HB 135 (146 v --) read as follows:
SECTION 3. The General Assembly declares that its intent in enacting sections 2307.51 and 2919.15 and in amending section 2305.11 of the Revised Code in this act is to prevent the unnecessary use of a specific procedure used in performing an abortion. This intent is based on a state interest in preventing unnecessary cruelty to the human fetus.
Text of Statute
-- This version of the statute was enacted in 1996 as part of Am. Sub. H.B.
350. In State ex rel. Ohio Academy of Trial Lawyers v. Sheward (1999), 86
Ohio St.3d 451, the Ohio Supreme Court held that "Am. Sub. H.B. No. 350
(the Tort Reform Act) violates the one-subject provision of § 15(D), art II of
the Ohio Constitution, and is unconstitutional in toto." Because of that
decision any pre-HB 350 versions and any post-HB 350 amendments to this statute
are also shown.
(A) ( (B)(1) Subject to ( ( (C) A civil action for unlawful abortion pursuant to section 2919.12
of the Revised Code, a civil action authorized by division (H) of section 2317.56
of the Revised Code, a civil action pursuant to division (B)(1) or (2) of
section 2307.51
of the Revised Code for performing a dilation and extraction procedure or
attempting to perform a dilation and extraction procedure in violation of
section 2919.15
of the Revised Code, and a civil action pursuant to division (B)(1) or (2) of
section 2307.52
of the Revised Code for terminating or attempting to terminate a human pregnancy
after viability in violation of division (A) or (B) of section 2919.17
of the Revised Code shall be commenced within one year after the performance or
inducement of the abortion, within one year after the attempt to perform or
induce the abortion in violation of division (A) or (B) of section 2919.17
of the Revised Code, within one year after the performance of the dilation and
extraction procedure, or, in the case of a civil action pursuant to division
(B)(2) of section 2307.51
of the Revised Code, within one year after the attempt to perform the dilation
and extraction procedure.
(D) As used in this section:
(1) "Hospital" includes any person, corporation, association,
board, or authority that is responsible for the operation of any hospital
licensed or registered in the state, including, but not limited to, those which
are owned or operated by the state, political subdivisions, any person, any
corporation, or any combination thereof. "Hospital" also includes any
person, corporation, association, board, entity, or authority that is
responsible for the operation of any clinic that employs a full-time staff of
physicians practicing in more than one recognized medical specialty and
rendering advice, diagnosis, care, and treatment to individuals.
"Hospital" does not include any hospital operated by the government of
the United States or any of its branches.
(2) "Physician" means a person who is licensed to practice medicine
and surgery or osteopathic medicine and surgery by the state medical board or a
person who otherwise is authorized to practice medicine and surgery or
osteopathic medicine and surgery in this state.
(3) "Medical claim" means any claim that is asserted in any civil
action against a physician, podiatrist, or hospital, against any employee or
agent of a physician, podiatrist, or hospital, or against a registered nurse (5) "Dentist" means any person who is licensed to practice
dentistry by the state dental board.
(6) "Dental claim" means any claim that is asserted in any civil
action against a dentist, or against any employee or agent of a dentist, and
that arises out of a dental operation or the dental diagnosis, care, or
treatment of any person. "Dental claim" includes derivative claims for
relief that arise from a dental operation or the dental diagnosis, care, or
treatment of a person.
(7) "Derivative claims for relief" include, but are not limited to,
claims of a parent, guardian, custodian, or spouse of an individual who was the
subject of any medical diagnosis, care, or treatment, dental diagnosis, care, or
treatment, dental operation, optometric diagnosis, care, or treatment, or
chiropractic diagnosis, care, or treatment, that arise from that diagnosis,
care, treatment, or operation, and that seek the recovery of damages for any of
the following:
(a) Loss of society, consortium, companionship, care, assistance, attention,
protection, advice, guidance, counsel, instruction, training, or education, or
any other intangible loss that was sustained by the parent, guardian, custodian,
or spouse;
(b) Expenditures of the parent, guardian, custodian, or spouse for medical,
dental, optometric, or chiropractic care or treatment, for rehabilitation
services, or for other care, treatment, services, products, or accommodations
provided to the individual who was the subject of the medical diagnosis, care,
or treatment, the dental diagnosis, care, or treatment, the dental operation,
the optometric diagnosis, care, or treatment, or the chiropractic diagnosis,
care, or treatment.
(8) "Registered nurse" means any person who is licensed to practice
nursing as a registered nurse by the state board of nursing.
(9) "Chiropractic claim" means any claim that is asserted in any
civil action against a chiropractor, or against any employee or agent of a
chiropractor, and that arises out of the chiropractic diagnosis, care, or
treatment of any person. "Chiropractic claim" includes derivative
claims for relief that arise from the chiropractic diagnosis, care, or treatment
of a person.
(10) "Chiropractor" means any person who is licensed to practice
chiropractic by the chiropractic examining board.
(11) "Optometric claim" means any claim that is asserted in any
civil action against an optometrist, or against any employee or agent of an
optometrist, and that arises out of the optometric diagnosis, care, or treatment
of any person. "Optometric claim" includes derivative claims for
relief that arise from the optometric diagnosis, care, or treatment of a person.
(12) "Optometrist" means any person licensed to practice optometry
by the state board of optometry.
(13) "Physical therapist" means any person who is licensed to
practice physical therapy under Chapter 4755. of the Revised Code.
History
HISTORY: RS § 4983; S&C 949; 51 v 57, § 16; 91 v 299; GC § 11225; 120
v 646; 122 v 374; Bureau of Code Revision, 10-1-53; 135 v H 989 (Eff 9-16-74);
136 v H 682 (Eff 7-28-75); 136 v H 1426 (Eff 7-1-76); 139 v H 243 (Eff 3-15-82);
140 v S 183 (Eff 9-26-84); 141 v H 319 (Eff 3-24-86); 142 v H 327 (Eff
10-20-87); 143 v S 80 (Eff 6-28-90); 143 v S 125 (Eff 1-13-91); 144 v H 108 (Eff
5-28-92); 144 v S 124 (Eff 4-16-93); 146 v H 135 (Eff 11-15-95); 146 v H 350.
Eff 1-27-97.
The provisions of §§ 5(F), (G), 6(B) of HB 350 (146 v --) read as follows:
SECTION 5. * * *
(F) It is the intent of the General Assembly in amending the definition of a
"medical claim" in section 2305.11
of the Revised Code to include a claim that is asserted in a civil action
against a hospital and that is based on negligent credentialing, to supersede
the effect of the holding of the Supreme Court in Browning v. Burt (1993), 66
Ohio St. 3d 544.
(G) In amending section 2305.11
of the Revised Code in this act, it is the intent of the General Assembly to do
all of the following:
(1) To recognize the holdings of the Ohio Supreme Court in Sedar v. Knowlton
Construction Company (1990), 49 Ohio St. 3d 193 and in Ross v. Sam W. Emerson
Co. (1990), 49 Ohio St. 3d 206, that the concept of a statute of repose does not
violate the remedy by due course of law and open courts provisions of Section 16
of Article I of the Ohio Constitution, the equal protection guarantee of Section
2 of Article I of the Ohio Constitution, or the equal protection or due process
clauses of the Fourteenth Amendment to the United States Constitution;
(2) To declare that the new six-year statutes of repose prescribed by section
2305.11
of the Revised Code, as amended by this act, are specific provisions intended to
advance the interest of the general public by establishing well-defined rules
governing the resolution of disputes in this state;
(3) To recognize the holdings of the United States Supreme Court in Board of
Regents v. Tomanio, 446 U.S. 478 (1980), United States v. Kubrick, 444 U.S. 111
(1979), and William Danzer & Co. v. Gulf & Ship Island R.R. Co., 268
U.S. 633 (1925), that establish that statutory bars to the bringing of stale
claims are an integral part of all systems of enlightened jurisprudence;
(4) To recognize that the failure to adopt orderly and predictable rules
governing the resolution of disputes, such as the six-year statutes of repose
set forth in section 2305.11
of the Revised Code, as amended by this act, would violate the rights of certain
defendants to due course of law under Section 16 of Article I of the Ohio
Constitution and due process of law under the due process clause of the
Fourteenth Amendment to the United States Constitution;
(5) To adopt the six-year statutes of repose set forth in section 2305.11
of the Revised Code because the testimony presented to the General Assembly
throughout the legislative process demonstrated that a six-year time period is
the appropriate point to bring an end to stale claims;
(6) To recognize that, more than six years after the performance of
professional services described in or covered by section 2305.11
of the Revised Code, the availability of relevant evidence pertaining to an
incident and the availability of witnesses knowledgeable with respect to the
diagnosis, care, or treatment of a prospective claimant is problematic;
(7) To recognize that it is an unacceptable burden to maintain records and
other documentation for a period in excess of six years after various
professional services are rendered;
(8) To recognize that standards of care pertaining to the various health care
and other professionals who deliver services change dramatically over short
periods of time due to the dramatic advances being made in health care and other
sciences and technology, thereby making it difficult for expert witnesses and
triers of fact to discern the standard of care relevant to the point in time
when health care or other professional services were rendered;
(9) To declare that section 2305.11
of the Revised Code, as amended by this act, strikes a rational balance between
the rights of prospective claimants and the rights of health care and other
professionals and associated institutions, and to declare that six years is a
rational period of repose to preclude unfair and unconstitutional aspects of
state litigation but does not affect timely civil actions brought to redress
legitimate grievances. * * *
SECTION 6. * * *
(B) The amendments to section 2305.11
of the Revised Code made in this act shall apply only to acts or omissions
constituting the alleged basis of a claim of malpractice or of a medical,
dental, optometric, or chiropractic claim, as defined in that section, that
occur on or after the effective date of this act. * * *
© Copyright 2000
Containing legislation passed and filed through August 1, 2000.