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Ohio Revised Code

Ohio Rev. Code § 2305.113 (2026)

Medical malpractice actions

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Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
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(A) Except as otherwise provided in this section, an action upon a medical, dental, optometric, or chiropractic claim shall be commenced within one year after the cause of action accrued.

(B)(1) If prior to the expiration of the one-year period specified in division (A) of this section, a claimant who allegedly possesses a medical, dental, optometric, or chiropractic claim gives to the person who is the subject of that claim written notice that the claimant is considering bringing an action upon that claim, that action may be commenced against the person notified at any time within one hundred eighty days after the notice is so given.

(2) A claimant who allegedly possesses a medical claim and who intends to give to the person who is the subject of that claim the written notice described in division (B)(1) of this section shall give that notice by sending it by certified mail, return receipt requested, addressed to any of the following:

(a) The person's residence;

(b) The person's professional practice;

(c) The person's employer;

(d) The business address of the person on file with the state medical board or other appropriate agency that issued the person's professional license.

(3) An insurance company shall not consider the existence or nonexistence of a written notice described in division (B)(1) of this section in setting the liability insurance premium rates that the company may charge the company's insured person who is notified by that written notice.

(C) Except as to persons within the age of minority or of unsound mind as provided by section 2305.16 of the Revised Code, and except as provided in division (D) of this section, both of the following apply:

(1) No action upon a medical, dental, optometric, or chiropractic claim shall be commenced more than four years after the occurrence of the act or omission constituting the alleged basis of the medical, dental, optometric, or chiropractic claim.

(2) If an action upon a medical, dental, optometric, or chiropractic claim is not commenced within four years after the occurrence of the act or omission constituting the alleged basis of the medical, dental, optometric, or chiropractic claim, then, any action upon that claim is barred.

(D)(1) If a person making a medical claim, dental claim, optometric claim, or chiropractic claim, in the exercise of reasonable care and diligence, could not have discovered the injury resulting from the act or omission constituting the alleged basis of the claim within three years after the occurrence of the act or omission, but, in the exercise of reasonable care and diligence, discovers the injury resulting from that act or omission before the expiration of the four-year period specified in division (C)(1) of this section, the person may commence an action upon the claim not later than one year after the person discovers the injury resulting from that act or omission.

(2) If the alleged basis of a medical claim, dental claim, optometric claim, or chiropractic claim is the occurrence of an act or omission that involves a foreign object that is left in the body of the person making the claim, the person may commence an action upon the claim not later than one year after the person discovered the foreign object or not later than one year after the person, with reasonable care and diligence, should have discovered the foreign object.

(3) A person who commences an action upon a medical claim, dental claim, optometric claim, or chiropractic claim under the circumstances described in division (D)(1) or (2) of this section has the affirmative burden of proving, by clear and convincing evidence, that the person, with reasonable care and diligence, could not have discovered the injury resulting from the act or omission constituting the alleged basis of the claim within the three-year period described in division (D)(1) of this section or within the one-year period described in division (D)(2) of this section, whichever is applicable.

(E) As used in this section:

(1) "Hospital" includes any person, corporation, association, board, or authority that is responsible for the operation of any hospital licensed or registered in the state, including, but not limited to, those that are owned or operated by the state, political subdivisions, any person, any corporation, or any combination of the state, political subdivisions, persons, and corporations. "Hospital" also includes any person, corporation, association, board, entity, or authority that is responsible for the operation of any clinic that employs a full-time staff of physicians practicing in more than one recognized medical specialty and rendering advice, diagnosis, care, and treatment to individuals. "Hospital" does not include any hospital operated by the government of the United States or any of its branches.

(2) "Physician" means a person who is licensed to practice medicine and surgery or osteopathic medicine and surgery by the state medical board or a person who otherwise is authorized to practice medicine and surgery or osteopathic medicine and surgery in this state.

(3) "Medical claim" means any claim that is asserted in any civil action against a physician, podiatrist, hospital, home, or residential facility, against any employee or agent of a physician, podiatrist, hospital, home, or residential facility, or against a licensed practical nurse, registered nurse, advanced practice registered nurse, physical therapist, physician assistant, emergency medical technician-basic, emergency medical technician-intermediate, or emergency medical technician-paramedic, and that arises out of the medical diagnosis, care, or treatment of any person. "Medical claim" includes the following:

(a) Derivative claims for relief that arise from the medical diagnosis, care, or treatment of a person;

(b) Derivative claims for relief that arise from the plan of care prepared for a resident of a home;

(c) Claims that arise out of the medical diagnosis, care, or treatment of any person or claims that arise out of the plan of care prepared for a resident of a home and to which both types of claims either of the following applies:

(i) The claim results from acts or omissions in providing medical care.

(ii) The claim results from the hiring, training, supervision, retention, or termination of caregivers providing medical diagnosis, care, or treatment.

(d) Claims that arise out of the plan of care, medical diagnosis, or treatment of any person and that are brought under section 3721.17 of the Revised Code;

(e) Claims that arise out of skilled nursing care or personal care services provided in a home pursuant to the plan of care, medical diagnosis, or treatment.

(4) "Podiatrist" means any person who is licensed to practice podiatric medicine and surgery by the state medical board.

(5) "Dentist" means any person who is licensed to practice dentistry by the state dental board.

(6) "Dental claim" means any claim that is asserted in any civil action against a dentist, or against any employee or agent of a dentist, and that arises out of a dental operation or the dental diagnosis, care, or treatment of any person. "Dental claim" includes derivative claims for relief that arise from a dental operation or the dental diagnosis, care, or treatment of a person.

(7) "Derivative claims for relief" include, but are not limited to, claims of a parent, guardian, custodian, or spouse of an individual who was the subject of any medical diagnosis, care, or treatment, dental diagnosis, care, or treatment, dental operation, optometric diagnosis, care, or treatment, or chiropractic diagnosis, care, or treatment, that arise from that diagnosis, care, treatment, or operation, and that seek the recovery of damages for any of the following:

(a) Loss of society, consortium, companionship, care, assistance, attention, protection, advice, guidance, counsel, instruction, training, or education, or any other intangible loss that was sustained by the parent, guardian, custodian, or spouse;

(b) Expenditures of the parent, guardian, custodian, or spouse for medical, dental, optometric, or chiropractic care or treatment, for rehabilitation services, or for other care, treatment, services, products, or accommodations provided to the individual who was the subject of the medical diagnosis, care, or treatment, the dental diagnosis, care, or treatment, the dental operation, the optometric diagnosis, care, or treatment, or the chiropractic diagnosis, care, or treatment.

(8) "Registered nurse" means any person who is licensed to practice nursing as a registered nurse by the board of nursing.

(9) "Chiropractic claim" means any claim that is asserted in any civil action against a chiropractor, or against any employee or agent of a chiropractor, and that arises out of the chiropractic diagnosis, care, or treatment of any person. "Chiropractic claim" includes derivative claims for relief that arise from the chiropractic diagnosis, care, or treatment of a person.

(10) "Chiropractor" means any person who is licensed to practice chiropractic by the state chiropractic board.

(11) "Optometric claim" means any claim that is asserted in any civil action against an optometrist, or against any employee or agent of an optometrist, and that arises out of the optometric diagnosis, care, or treatment of any person. "Optometric claim" includes derivative claims for relief that arise from the optometric diagnosis, care, or treatment of a person.

(12) "Optometrist" means any person licensed to practice optometry by the state vision professionals board.

(13) "Physical therapist" means any person who is licensed to practice physical therapy under Chapter 4755. of the Revised Code.

(14) "Home" has the same meaning as in section 3721.10 of the Revised Code.

(15) "Residential facility" means a facility licensed under section 5123.19 of the Revised Code.

(16) "Advanced practice registered nurse" has the same meaning as in section 4723.01 of the Revised Code.

(17) "Licensed practical nurse" means any person who is licensed to practice nursing as a licensed practical nurse by the board of nursing pursuant to Chapter 4723. of the Revised Code.

(18) "Physician assistant" means any person who is licensed as a physician assistant under Chapter 4730. of the Revised Code.

(19) "Emergency medical technician-basic," "emergency medical technician-intermediate," and "emergency medical technician-paramedic" means any person who is certified under Chapter 4765. of the Revised Code as an emergency medical technician-basic, emergency medical technician-intermediate, or emergency medical technician-paramedic, whichever is applicable.

(20) "Skilled nursing care" and "personal care services" have the same meanings as in section 3721.01 of the Revised Code.

Last updated September 19, 2023 at 12:24 PM

Notes of Decisions
Cited in 329 cases (157 in the last 5 years), 2000–2026 · leading case: Wilson v. Durrani (Slip Opinion), 2020-Ohio-6827, 173 N.E.3d 448.
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Wilson v. Durrani (Slip Opinion), 2020-Ohio-6827, 173 N.E.3d 448. · cites it 46× “R.C. 2305.113 sets out both a one-year statute of limitations, R.”
Antoon v. Cleveland Clinic Found. (Slip Opinion), 2016-Ohio-7432, 71 N.E.3d 974. · cites it 31× “Antoon did not experience the 1 R.C. 2305.113 contains sections that explicitly extend the statute of repose for a plaintiff bringing a medical-malpractice claim under certain circumstances--for instance, when the injury involves a foreign object left in the body.”
Ruther v. Kaiser, 2012-Ohio-5686, 983 N.E.2d 291. · cites it 53× “Within that boundary, when the patient discovers or should have discovered the injury, or when the relationship with the doctor terminates, whichever is later, the one-year statute of limitations begins to run.”
Everhart v. Coshocton Cty. Mem. Hosp., 2022-Ohio-629, 186 N.E.3d 232. · cites it 54× “The General Assembly enacted R.C. 2305.113 to establish "[l]imitation[s] of actions for medical malpractice.”
Elliot v. Durrani, 2022-Ohio-4190, 216 N.E.3d 641. · cites it 44× “) The language in the above statute clearly incorporates the exceptions to R.C. 2305.113, the statute of repose for medical claims, into both sections.”
Elliot v. Durrani, 2021-Ohio-3055, 178 N.E.3d 977. · cites it 32× “15(A) expressly applies to “period[s] of limitation for the commencement of the action” and “period[s] within which the action must be brought,” broad phrases which incorporate both the statute of limitations and the statute of repose set forth in R.C. 2305.113. Appellees…”
Freeman v. Durrani, 2019-Ohio-3643, 144 N.E.3d 1067. · cites it 24× “To support its holding, this court relied on the plain language of R.C. 2305.113 and the intent of the General Assembly.”
McCarthy v. Lee, 2023-Ohio-4696, 230 N.E.3d 1131. · cites it 41× “Recall that R.C. 2305.113 is directed toward medical claims.”
Rose v. Tievsky, 2021-Ohio-3051. · cites it 41× “10(D)(2), which states that: (a) Except as provided in division (D)(2)(b) of this rule, a complaint -15- that contains a medical claim, dental claim, optometric claim, or chiropractic claim, as defined in R.C. 2305.113, shall be accompanied by one or more affidavits of merit…”
McNeal v. Durrani, 2019-Ohio-5351, 138 N.E.3d 1231. · cites it 22× “16 provides that if a person entitled to bring an action under R.C. 2305.113 “is, at the time the cause of action accrues, within the age of minority * * * the person may bring it within the respective times limited by [R.”
McFarren v. Canton, 2016-Ohio-484, 59 N.E.3d 652. · cites it 25× “The trial court determined the claims raised by McFarren were medical claims, and therefore time-barred by the one-year statute of limitations under R.C. 2305.113. As Stark County, Case No. 2015 CA 00052 9 to McFarren’s wrongful death claim, the trial court found that McFarren…”
Rossi v. Atrium Med. Ctr., 2023-Ohio-984, 212 N.E.3d 21. · cites it 41× “{¶24} As used in R.C. 2305.113, a "medical claim" is defined as: any claim that is asserted in any civil action against a physician, podiatrist, hospital, home, or residential facility, against any employee or agent of a physician, podiatrist, hospital, home, or residential…”
Show all 329 citing cases →
Ohio Rev. Code § 2305.113(3): 1 case
Akbar v. Khai, No. 3:18-cv-00339 (S.D. Ohio Oct. 7, 2020).
Ohio Rev. Code § 2305.113(A): 131 cases
Wilson v. Durrani (Slip Opinion), 2020-Ohio-6827, 173 N.E.3d 448. “R.C. 2305.113 sets out both a one-year statute of limitations, R.”
Rose v. Tievsky, 2021-Ohio-3051. “10(D)(2), which states that: (a) Except as provided in division (D)(2)(b) of this rule, a complaint -15- that contains a medical claim, dental claim, optometric claim, or chiropractic claim, as defined in R.C. 2305.113, shall be accompanied by one or more affidavits of merit…”
Elliot v. Durrani, 2022-Ohio-4190, 216 N.E.3d 641. “) The language in the above statute clearly incorporates the exceptions to R.C. 2305.113, the statute of repose for medical claims, into both sections.”
Est. of Stevic v. Bio-Med. Application of Ohio, Inc., 2009-Ohio-1525, 905 N.E.2d 635.
Crookston v. Lykins, 2024-Ohio-5131, 258 N.E.3d 1237.
Ohio Rev. Code § 2305.113(B): 20 cases
Antoon v. Cleveland Clinic Found. (Slip Opinion), 2016-Ohio-7432, 71 N.E.3d 974. “Antoon did not experience the 1 R.C. 2305.113 contains sections that explicitly extend the statute of repose for a plaintiff bringing a medical-malpractice claim under certain circumstances--for instance, when the injury involves a foreign object left in the body.”
Crookston v. Lykins, 2024-Ohio-5131, 258 N.E.3d 1237.
Wilson v. Durrani (Slip Opinion), 2020-Ohio-6827, 173 N.E.3d 448. “R.C. 2305.113 sets out both a one-year statute of limitations, R.”
Szwarga v. Riverside Methodist Hosp., 2014-Ohio-4943, 23 N.E.3d 260.
Pearsall v. Guernsey, 2017-Ohio-681, 86 N.E.3d 69.
Ohio Rev. Code § 2305.113(B)(1): 40 cases
Crookston v. Lykins, 2024-Ohio-5131, 258 N.E.3d 1237.
Moore v. Mt. Carmel Health Sys. (Slip Opinion), 2020-Ohio-4113, 164 N.E.3d 376.
Tausch v. Riverview Health Inst., L.L.C., 931 N.E.2d 613 (Ohio Ct. App. 2d Dist. 2010).
Szwarga v. Riverside Methodist Hosp., 2014-Ohio-4943, 23 N.E.3d 260.
Bugh v. Ohio Dep't of Rehab. & Corr., 2019-Ohio-112, 128 N.E.3d 906.
Ohio Rev. Code § 2305.113(B)(2): 6 cases
Crookston v. Lykins, 2024-Ohio-5131, 258 N.E.3d 1237.
Tsonis v. Anesthesiology Servs. Network, Ltd., 2025-Ohio-5164.
Francis v. Cleveland Clinic Found., 2026-Ohio-829.
Webb v. Morning View Delaware, Inc., 2026-Ohio-2441.
Johnson v. Mercy Health Care, 2025-Ohio-1157, 269 N.E.3d 948.
Ohio Rev. Code § 2305.113(B)(2)(c): 1 case
Tsonis v. Anesthesiology Servs. Network, Ltd., 2025-Ohio-5164.
Ohio Rev. Code § 2305.113(C): 95 cases
Wilson v. Durrani (Slip Opinion), 2020-Ohio-6827, 173 N.E.3d 448. “R.C. 2305.113 sets out both a one-year statute of limitations, R.”
Antoon v. Cleveland Clinic Found. (Slip Opinion), 2016-Ohio-7432, 71 N.E.3d 974. “Antoon did not experience the 1 R.C. 2305.113 contains sections that explicitly extend the statute of repose for a plaintiff bringing a medical-malpractice claim under certain circumstances--for instance, when the injury involves a foreign object left in the body.”
Ruther v. Kaiser, 2012-Ohio-5686, 983 N.E.2d 291. “Within that boundary, when the patient discovers or should have discovered the injury, or when the relationship with the doctor terminates, whichever is later, the one-year statute of limitations begins to run.”
Elliot v. Durrani, 2022-Ohio-4190, 216 N.E.3d 641. “) The language in the above statute clearly incorporates the exceptions to R.C. 2305.113, the statute of repose for medical claims, into both sections.”
Everhart v. Coshocton Cty. Mem. Hosp., 2022-Ohio-629, 186 N.E.3d 232. “The General Assembly enacted R.C. 2305.113 to establish "[l]imitation[s] of actions for medical malpractice.”
Ohio Rev. Code § 2305.113(C)(1): 27 cases
McNeal v. Durrani, 2019-Ohio-5351, 138 N.E.3d 1231. “16 provides that if a person entitled to bring an action under R.C. 2305.113 “is, at the time the cause of action accrues, within the age of minority * * * the person may bring it within the respective times limited by [R.”
Robert Kennedy v. United States Vets. Admin., 526 F. App'x 450 (6th Cir. 2013).
Wilson v. Durrani (Slip Opinion), 2020-Ohio-6827, 173 N.E.3d 448. “R.C. 2305.113 sets out both a one-year statute of limitations, R.”
Bugh v. Ohio Dep't of Rehab. & Corr., 2019-Ohio-112, 128 N.E.3d 906.
McCarthy v. Lee, 2023-Ohio-4696, 230 N.E.3d 1131. “Recall that R.C. 2305.113 is directed toward medical claims.”
Ohio Rev. Code § 2305.113(C)(2): 18 cases
McNeal v. Durrani, 2019-Ohio-5351, 138 N.E.3d 1231. “16 provides that if a person entitled to bring an action under R.C. 2305.113 “is, at the time the cause of action accrues, within the age of minority * * * the person may bring it within the respective times limited by [R.”
McCarthy v. Lee, 2023-Ohio-4696, 230 N.E.3d 1131. “Recall that R.C. 2305.113 is directed toward medical claims.”
Freeman v. Durrani, 2019-Ohio-3643, 144 N.E.3d 1067. “To support its holding, this court relied on the plain language of R.C. 2305.113 and the intent of the General Assembly.”
Elliot v. Durrani, 2021-Ohio-3055, 178 N.E.3d 977. “15(A) expressly applies to “period[s] of limitation for the commencement of the action” and “period[s] within which the action must be brought,” broad phrases which incorporate both the statute of limitations and the statute of repose set forth in R.C. 2305.113. Appellees…”
Bugh v. Ohio Dep't of Rehab. & Corr., 2019-Ohio-112, 128 N.E.3d 906.
Ohio Rev. Code § 2305.113(C)(3): 1 case
Dumais v. Cincinnati Child.'s Hosp. Med. Ctr., 2024-Ohio-1022.
Ohio Rev. Code § 2305.113(C)(l): 1 case
Robert Kennedy v. United States Vets. Admin., 526 F. App'x 450 (6th Cir. 2013).
Ohio Rev. Code § 2305.113(D): 9 cases
Wilson v. Durrani (Slip Opinion), 2020-Ohio-6827, 173 N.E.3d 448. “R.C. 2305.113 sets out both a one-year statute of limitations, R.”
Loudin v. Radiology & Imaging Servs., Inc., 2011-Ohio-1817, 128 Ohio St. 3d 555.
Wilson v. Durrani, 2019-Ohio-3880, 145 N.E.3d 1071.
Mercer v. Keane, 2021-Ohio-1576, 172 N.E.3d 1101.
McCarthy v. Lee, 2023-Ohio-4696, 230 N.E.3d 1131. “Recall that R.C. 2305.113 is directed toward medical claims.”
Ohio Rev. Code § 2305.113(D)(1): 12 cases
Ruther v. Kaiser, 2012-Ohio-5686, 983 N.E.2d 291. “Within that boundary, when the patient discovers or should have discovered the injury, or when the relationship with the doctor terminates, whichever is later, the one-year statute of limitations begins to run.”
Elliot v. Durrani, 2022-Ohio-4190, 216 N.E.3d 641. “) The language in the above statute clearly incorporates the exceptions to R.C. 2305.113, the statute of repose for medical claims, into both sections.”
Bugh v. Ohio Dep't of Rehab. & Corr., 2019-Ohio-112, 128 N.E.3d 906.
Wilson v. Durrani (Slip Opinion), 2020-Ohio-6827, 173 N.E.3d 448. “R.C. 2305.113 sets out both a one-year statute of limitations, R.”
McCarthy v. Lee, 2023-Ohio-4696, 230 N.E.3d 1131. “Recall that R.C. 2305.113 is directed toward medical claims.”
Ohio Rev. Code § 2305.113(D)(2): 15 cases
Antoon v. Cleveland Clinic Found. (Slip Opinion), 2016-Ohio-7432, 71 N.E.3d 974. “Antoon did not experience the 1 R.C. 2305.113 contains sections that explicitly extend the statute of repose for a plaintiff bringing a medical-malpractice claim under certain circumstances--for instance, when the injury involves a foreign object left in the body.”
Elliot v. Durrani, 2022-Ohio-4190, 216 N.E.3d 641. “) The language in the above statute clearly incorporates the exceptions to R.C. 2305.113, the statute of repose for medical claims, into both sections.”
Jonas v. Durrani, 2020-Ohio-3787, 156 N.E.3d 365.
Ruther v. Kaiser, 2012-Ohio-5686, 983 N.E.2d 291. “Within that boundary, when the patient discovers or should have discovered the injury, or when the relationship with the doctor terminates, whichever is later, the one-year statute of limitations begins to run.”
Wilson v. Durrani (Slip Opinion), 2020-Ohio-6827, 173 N.E.3d 448. “R.C. 2305.113 sets out both a one-year statute of limitations, R.”
Ohio Rev. Code § 2305.113(D)(3): 1 case
Evans v. Hanger Prosthetics & Orthotics, Inc., 735 F. Supp. 2d 785 (N.D. Ohio 2010).
Ohio Rev. Code § 2305.113(E): 26 cases
Everhart v. Coshocton Cty. Mem. Hosp., 2022-Ohio-629, 186 N.E.3d 232. “The General Assembly enacted R.C. 2305.113 to establish "[l]imitation[s] of actions for medical malpractice.”
Franks v. Ohio Dep't of Rehab. & Corr., 958 N.E.2d 1253 (Ohio Ct. App. 10th Dist. 2011).
Foy v. Ohio Dept. of Rehab. & Corr., 2017-Ohio-1065.
Ewing v. UC Health, 2022-Ohio-2560, 193 N.E.3d 1132.
Jonas v. Durrani, 2020-Ohio-3787, 156 N.E.3d 365.
Ohio Rev. Code § 2305.113(E)(1): 4 cases
Est. of Stevic v. Bio-Med. Application of Ohio, Inc., 2009-Ohio-1525, 905 N.E.2d 635.
Green v. Luxe Laser Ctr., 2025-Ohio-682, 264 N.E.3d 440.
Murphy v. Ne. Ohio Corr. Ctr., No. 4:22-cv-01936 (N.D. Ohio May 17, 2024).
Price v. United States, No. 2:18-cv-00949 (S.D. Ohio Jan. 16, 2020).
Ohio Rev. Code § 2305.113(E)(1)(d): 1 case
Gamble v. Valley Oaks Care Ctr., 2025-Ohio-570.
Ohio Rev. Code § 2305.113(E)(14): 3 cases
Bartley v. Hearth & Care of Greenfield, L.L.C., 2013-Ohio-279.
Haskins v. 7112 Columbia, Inc., 2016-Ohio-5575, 69 N.E.3d 1150.
Haskins v. 7112 Columbian, Inc., 2014-Ohio-4154, 20 N.E.3d 287.
Ohio Rev. Code § 2305.113(E)(2): 1 case
Birkmeier v. St. Rita's Med. Ctr., 2018-Ohio-2343.
Ohio Rev. Code § 2305.113(E)(3): 105 cases
Freeman v. Durrani, 2019-Ohio-3643, 144 N.E.3d 1067. “To support its holding, this court relied on the plain language of R.C. 2305.113 and the intent of the General Assembly.”
Est. of Stevic v. Bio-Med. Application of Ohio, Inc., 2009-Ohio-1525, 905 N.E.2d 635.
Lerner v. Broadview NH, L.L.C., 2017-Ohio-8001, 98 N.E.3d 1014.
McFarren v. Canton, 2016-Ohio-484, 59 N.E.3d 652. “The trial court determined the claims raised by McFarren were medical claims, and therefore time-barred by the one-year statute of limitations under R.C. 2305.113. As Stark County, Case No. 2015 CA 00052 9 to McFarren’s wrongful death claim, the trial court found that McFarren…”
Wick v. Lorain Manor, Inc., 2014-Ohio-4329.
Ohio Rev. Code § 2305.113(E)(3)(2): 1 case
McQuade v. Mayfield Clinic, Inc., 2022-Ohio-785, 186 N.E.3d 278.
Ohio Rev. Code § 2305.113(E)(3)(C): 1 case
Johnson v. State of Ohio, No. 2:24-cv-01527 (S.D. Ohio Mar. 29, 2025).
Ohio Rev. Code § 2305.113(E)(3)(a): 11 cases
McCarthy v. Lee, 2023-Ohio-4696, 230 N.E.3d 1131. “Recall that R.C. 2305.113 is directed toward medical claims.”
Bartley v. Hearth & Care of Greenfield, L.L.C., 2013-Ohio-279.
Young v. Durrani, 2016-Ohio-5526, 61 N.E.3d 34.
Jonas v. Durrani, 2020-Ohio-3787, 156 N.E.3d 365.
Kennedy v. W. Reserve Senior Care, 2023-Ohio-264, 207 N.E.3d 143.
Ohio Rev. Code § 2305.113(E)(3)(b): 4 cases
Carte v. Manor at Whitehall, 2014-Ohio-5670.
Est. of Stevic v. Bio-Med. Application of Ohio, Inc., 2009-Ohio-1525, 905 N.E.2d 635.
Hill v. Wadsworth-Rittman Area Hosp., 925 N.E.2d 1012 (Ohio Ct. App. 9th Dist. 2009).
Hawthorne v. DaVita Inc., No. 1:18-cv-00813 (S.D. Ohio Sept. 16, 2019).
Ohio Rev. Code § 2305.113(E)(3)(b)(i): 3 cases
Lerner v. Broadview NH, L.L.C., 2017-Ohio-8001, 98 N.E.3d 1014.
Tisdale v. Toledo Hosp., 967 N.E.2d 280 (Ohio Ct. App. 6th Dist. 2012).
Conkin v. CHS-Ohio Valley, Inc., 2012-Ohio-2816.
Ohio Rev. Code § 2305.113(E)(3)(b)(ii): 3 cases
Young v. Durrani, 2016-Ohio-5526, 61 N.E.3d 34.
McNeal v. Durrani, 2019-Ohio-5351, 138 N.E.3d 1231. “16 provides that if a person entitled to bring an action under R.C. 2305.113 “is, at the time the cause of action accrues, within the age of minority * * * the person may bring it within the respective times limited by [R.”
Elliot v. Durrani, 2021-Ohio-3055, 178 N.E.3d 977. “15(A) expressly applies to “period[s] of limitation for the commencement of the action” and “period[s] within which the action must be brought,” broad phrases which incorporate both the statute of limitations and the statute of repose set forth in R.C. 2305.113. Appellees…”
Ohio Rev. Code § 2305.113(E)(3)(c): 3 cases
Lerner v. Broadview NH, L.L.C., 2017-Ohio-8001, 98 N.E.3d 1014.
Bartley v. Hearth & Care of Greenfield, L.L.C., 2013-Ohio-279.
Conkin v. CHS-Ohio Valley, Inc., 2012-Ohio-2816.
Ohio Rev. Code § 2305.113(E)(3)(c)(2): 1 case
Landrum v. Durrani, No. 1:18-cv-00807, 2020 WL 3512808 (S.D. Ohio June 29, 2020).
Ohio Rev. Code § 2305.113(E)(3)(c)(i): 2 cases
Freeman v. Durrani, 2019-Ohio-3643, 144 N.E.3d 1067. “To support its holding, this court relied on the plain language of R.C. 2305.113 and the intent of the General Assembly.”
Elliot v. Durrani, 2021-Ohio-3055, 178 N.E.3d 977. “15(A) expressly applies to “period[s] of limitation for the commencement of the action” and “period[s] within which the action must be brought,” broad phrases which incorporate both the statute of limitations and the statute of repose set forth in R.C. 2305.113. Appellees…”
Ohio Rev. Code § 2305.113(E)(3)(c)(ii): 6 cases
Jonas v. Durrani, 2020-Ohio-3787, 156 N.E.3d 365.
Janson v. Durrani, 2021-Ohio-1467.
Janson v. Christ Hops., Inc., 2021-Ohio-1467.
Armatas v. Aultman Health Found., No. 5:19-cv-00349, 2020 WL 1650841 (N.D. Ohio Mar. 27, 2020).
Kimberly Luse v. Abubakar Durrani, No. 21-3560, 2022 WL 94609 (6th Cir. Jan. 10, 2022).
Ohio Rev. Code § 2305.113(E)(3)(d): 4 cases
O'Dell v. Vrable III, Inc., 2022-Ohio-4156, 200 N.E.3d 1208.
Haskins v. 7112 Columbia, Inc., 2016-Ohio-5575, 69 N.E.3d 1150.
Norris v. Basden, 2024-Ohio-1019, 238 N.E.3d 946.
Smith v. Mentor Ridge Health & Rehab., 2023-Ohio-4659, 232 N.E.3d 320.
Ohio Rev. Code § 2305.113(E)(3)(e): 1 case
Bell v. Ohio Living Communities, 2026-Ohio-848.
Ohio Rev. Code § 2305.113(E)(6): 4 cases
Pearsall v. Guernsey, 2017-Ohio-681, 86 N.E.3d 69.
Myers v. John A. Hudec Cleveland Dental Ctr., Inc., 2022-Ohio-80.
Johnson v. Erbeck, 2023-Ohio-3402.
Meyer v. Ohio Dept. of Rehab. & Corr., 2010-Ohio-3635.
Ohio Rev. Code § 2305.113(E)(7): 10 cases
McCarthy v. Lee, 2023-Ohio-4696, 230 N.E.3d 1131. “Recall that R.C. 2305.113 is directed toward medical claims.”
McCarthy v. Lee, 2022-Ohio-1033.
Everhart v. Coshocton Cty. Mem. Hosp., 2022-Ohio-629, 186 N.E.3d 232. “The General Assembly enacted R.C. 2305.113 to establish "[l]imitation[s] of actions for medical malpractice.”
Horn v. Cherian, 2023-Ohio-931, 211 N.E.3d 728.
Wood v. Lynch, 2022-Ohio-1381.
Ohio Rev. Code § 2305.113(E)(7)(a): 2 cases
McCarthy v. Lee, 2023-Ohio-4696, 230 N.E.3d 1131. “Recall that R.C. 2305.113 is directed toward medical claims.”
Kennedy v. W. Reserve Senior Care, 2023-Ohio-264, 207 N.E.3d 143.
Ohio Rev. Code § 2305.113(E)(7)(b): 1 case
Horn v. Cherian, 2023-Ohio-931, 211 N.E.3d 728.
Ohio Rev. Code § 2305.113(E)(9): 1 case
Smrtka v. Boote, 2017-Ohio-1187, 88 N.E.3d 465.
Ohio Rev. Code § 2305.113(c): 1 case
Antoon v. Cleveland Clinic Found., 2015-Ohio-421.
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