Couch v. Durrani

Citations

• 2021 Ohio 726

Syllabus

MEDICAL MALPRACTICE – STATUTE OF REPOSE – R.C. 2305.113: The trial court did not err in granting defendant-hospital's motions to dismiss the complaints where plaintiffs-patients' medical claims were filed outside the four-year repose period. Pursuant to Young v. Durrani, 2016-Ohio-5526, 61 N.E.3d 34 (1st Dist.), plaintiffs-patients' negligent-credentialing claims were \medical claims\ under R.C. 2305.113(E). A \physician\ is a \caregiver\ within the meaning of R.C. 2305.113(E)(3)(b)(ii). R.C. 2305.113(C) is a true statute of repose not subject to a fraud exception or equitable-estoppel exception. Pursuant to Freeman v. Durrani, 2019-Ohio-3643, 144 N.E.3d 1067 (1st Dist.), plaintiffs-patients' fraud claims were \medical claims\ under R.C. 2305.113(E).