Opinion

Koler v. St. Joseph Hospital

  • 69 Ohio St. 2d 477
  • 23 Ohio Op. 3d 413
  • 432 N.E.2d 821
  • 1982 Ohio LEXIS 603
Court
Ohio Supreme Court
Filed
Feb 26, 1982
Status
Published
Author
Holmes
On the bench
Brown, Celebrezze, Holmes, Krupansky, Locher, Sweeney
Cited by
20 cases
Authority
More cited than 15.1%

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.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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