Napier v. TriHealth, Inc.

Citations

• 2022 Ohio 3311

Syllabus

CIV.R. 12(B)(6) — MOTION TO DISMISS — R.C. 2305.113 — MEDICAL CLAIMS — STATUTE OF REPOSE: The trial court erred in dismissing plaintiff's complaint based on the medical-claim statute of repose where the allegations in the complaint failed to show that the use of the equipment in question was inherently necessary to the surgery or that the use of the equipment arose from the physician-ordered treatment.