Francis v. Cleveland Clinic Found.

Citations

• 2026 Ohio 829

Syllabus

Statute of limitations; medical claims; R.C. 2305.113(B); motion in limine, medical negligence; survivorship; loss of chance, Civ.R. 26(B)(7)(b); expert report. Court did not err in granting appellee's motion for summary judgment, resulting in dismissal of appellant's medical-negligence survivorship claim. Claim was filed more than a year after the events that gave rise to this case; therefore, the dismissed claim was commenced outside the limitations period for medical claims. Appellant's counsel failed to extend the limitations period under R.C. 2305.113(B) by sending appellee email notice that he was investigating potential claims, rather than required notice by certified mail. Court did not abuse its discretion in granting appellee's motion in limine, precluding appellant's testimony regarding a loss-of-chance theory, where report of appellant's expert never provided that decedent had a less-than-even chance of the surviving cardiac arrest that caused his death.