STATUTE OF LIMITATIONS"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." ORC § 2305.11 (D) "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...that arise from that diagnosis, care, treatment, or operation, and that seek the recovery of damages for any of the following:
"An action upon a medical...claim shall be commenced within one year after the action accrued, except that, if prior to the expiration of that one -year period, a claimant who allegedly possesses a medical...claim gives to the person who is subject of that claim written notice that the claimant is considering bringing an action upon that claim, that action may be commenced within one hundred eighty days after the notice is so given." ORC § 2305.11 (B)* "Except as to persons within the age of minority, of unsound mind, or imprisoned...in no event shall any action upon a medical...claim be commenced more than four years after the occurrence of the act or omission constituting the alleged basis of the medical...claim. If an action upon a medical...claim is not commenced within four years after the occurrence of the act or omission constituting the alleged basis of the medical...claim, then, notwithstanding when the action is determined to accrue...any action upon that claim is barred." ORC § 2305.11 (B)* * The Ohio Supreme Court has held that ORC § 2305.11 (B) is unconstitutional when applied to patients who did not or could not have reasonably "discovered" their injury within that period. In another decision, the Ohio Supreme Court has held that for the purpose of determining the accrual date for applying the Ohio statute of limitations, the trial court must look to the facts of the particular case and make the following determinations: When the injured party became aware, or should have become aware, of the extent and seriousness of his or her condition; whether the injured party was aware, or should have been aware, that such condition was related to a specific professional medical service previously rendered to him or her; and whether such condition would put a reasonable person on notice of need for further inquiry as to the cause of such condition. The trial court will make a factual determination based on the circumstances presented by the plaintiff and the defendant. This decision explains the criteria to be utilized by the trial court to establish when a patient discovers, or in the exercise of reasonable care and diligence, should have discovered an alleged injury. Once discovery occurs, or should have occurred, or the physician-patient relationship has terminated, (whichever is longer) the patient has one year to file his/her claim. "A civil action for non -consensual abortion...shall be commenced within one year after the abortion." ORC § 2305.11 (C) "An action for bodily injury...shall be brought within two years after the cause thereof arose...For purposes of this section a cause of action for bodily injury which may be caused by exposure to diethylstilbestrol or other non-steroidal synthetic estrogens, including exposure before birth, arises upon the date on which the plaintiff learns from a licensed physician that he has an injury which may be related to such exposure or upon the date on which by the exercise of reasonable diligence he should have become aware that he has an injury which may be related to such exposure, whichever date occurs first." ORC § 2305.10 (See also: PROFESSIONAL LIABILITY CLAIMS )STATUTE OF LIMITATIONS |
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