Statute of Limitations: Ohio Medical Malpractice
Except as otherwise provided in Revised Code 2305.113, an action upon a medical, dental, optometric, or chiropractic claim shall be commenced within one year after the cause of action accrued.
Except as otherwise provided in Revised Code 2305.113, an action upon a medical, dental, optometric, or chiropractic claim shall be commenced within one year after the cause of action accrued.(1) There is a discovery rule in Ohio:
The Ohio Supreme Court of Ohio held in FRYSINGER, Appellant, v. LEECH, Appellee., No. 86-593, Aug. 12, 1987, held that: (1) cause of action for medical malpractice accrued and statute of limitations commenced to run when patient discovered, or in exercise of reasonable care and diligence should have discovered, the resulting injury, or when the physician-patient relationship for that condition terminated, whichever occurred later.(2)
- R.C. 2305.113(A)
- The court also held in this case that voluntary dismissal pursuant to civil rule section constituted failure otherwise than upon the merits within meaning of savings statute, and second malpractice action, brought within one year after first malpractice was voluntarily dismissed by written notice, was thus timely refiled.