Jonas v. Durrani

Citations

• 156 N.E.3d 365
• 2020 Ohio 3787

Syllabus

MEDICAL MALPRACTICE – STATUTE OF REPOSE – SAVING STATUTE: The trial court did not err in dismissing one plaintiff-patient's medical malpractice claims where they were filed outside the four-year window of the statute of repose and the savings statute did not operate to extend the repose period but the court erred in in dismissing another plaintiff-patient's claims where that plaintiff-patient's initial complaint had been filed within the time limit of the statute of repose as to the 2010 surgery, because the savings statute saved the subsequent complaint. The trial court did not err in denying leave to amend the complaints where the trial court denied leave on futility grounds, and amendment was futile because the claims were timed-barred by the medical-malpractice statute of repose and failed to properly state a civil claim under the Ohio Corrupt Practices Act.