# Koler v. St. Joseph Hospital

> Ohio Supreme Court · February 26, 1982 · 69 Ohio St. 2d 477

URL: https://www.frixlaw.com/law-library/cases/6757554

## Case

- **Full name:** Koler, Admr. v. St. Joseph Hospital Bartek, Appellants Deliman v. Read
- **Court:** Ohio Supreme Court
- **Decided:** February 26, 1982
- **Citations:** 69 Ohio St. 2d 477; 23 Ohio Op. 3d 413; 432 N.E.2d 821; 1982 Ohio LEXIS 603
- **Precedential status:** Published
- **Opinion:** Dissent by Holmes
- **Judges:** Brown, Celebrezze, Holmes, Krupansky, Locher, Sweeney
- **Cited by:** 20 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6757554

## How later opinions describe it (automated extraction)

- 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

## Opinion text

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.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6757554. Public record. Not legal advice.