Freeman v. Durrani

Citations

• 2019 Ohio 3643

Syllabus

MEDICAL MALPRACTICE – STATUTE OF LIMITATIONS: The trial court did not err by declining to recognize a fraud exception or equitable-estoppel exception to R.C. 2305.113, the statute of repose for medical claims, where the General Assembly intentionally chose not to create such exceptions. Pursuant to Hensley v. Durrani, 1st Dist. Hamilton No. C-130005, 2013-Ohio-4711, claims of fraud for recommending unnecessary surgery and failing to disclose the risks of surgery are \medical claims\ under R.C. 2305.113(E). Claims of fraud for misrepresenting the successful outcome of the surgery and concealing information to avoid civil liability are \medical claims\ under R.C. 2305.113(E). The trial court did not err by denying plaintiff's motion for leave to file an amended complaint where additional allegations of fraud would have constituted additional allegations of medical claims subject to the four-year statute of repose such allegations were time-barred and amendment would have been futile.