Cleveland Clinic Foundation et al. v. David Antoon et al., Case No. 2015-0467
Eighth District Court of Appeals (Cuyahoga County)
ISSUES:
- Does Ohio's "statute of repose" for medical malpractice claims apply to cases where a patient discovers an injury within four years of the date it occurred and files a lawsuit after four years?
- Is a medical malpractice claimed barred by the statute of repose if it was originally filed before the four-year time limit, voluntarily dismissed, and refiled after four years?
- Do the "savings statutes" in R.C. 2305.19 and the federal 28 U.S.C. 1367(d) trump the statute of repose and give those claiming medical malpractice extra time to pursue legal action?