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Statute Of Limitations In Ohio Medical Malpractice An Old Trend Returns And A New Trend Evolves, Sharon L. Dieringer

Akron Law Review

In Gaines v. Preterm Cleveland, Inc. the Ohio Supreme Court reversed prior law in two significant areas of medical malpractice.

First, the court held that, "a plaintiff in a medical malpractice action who reasonably did not discover the cause of their injuries until more than three years after the act constituting the alleged malpractice may not be constitutionally deprived of a full year to pursue a medical claim by virtue of the four-year statute of repose contained in R.C. 2305. II(B)."

Secondly, the court held that, "a positive misrepresentation of a patient's condition, upon which the patient reasonably relies …