concluding that although malpractice actions were governed by one-year statute of limitations, wrongful death action based on medical malpractice was governed by two-year statute of limitations
How later courts described this case
- concluding that although malpractice actions were governed by one-year statute of limitations, wrongful death action based on medical malpractice was governed by two-year statute of limitations
- although malpractice actions governed by one-year statute of limitations, wrongful death action based on medical malpractice governed by two-year statute of limitations
Written by the judges who cited it.
The opinion
Holmes, J.,
dissenting.
Based upon my dissenting opinion in Lombard v. Medical Center (1982), 69 Ohio St. 2d 471, at 475 , I would hold that all medical claims are within the one-year limitation period contained in R. C. 2305.11(A). The claims in these cases, even though they .are wrongful death actions, are medical claims as that term is defined by R. C. 2305.11(D)(3). Consequently, I would reverse the judgments of the Court of Appeals.
Sweeney and Krupansky, JJ., concur in the foregoing dissenting opinion.