Skaggs v. Ohio Dept. of Rehab. & Corr.

Citations

• 2021 Ohio 2405

Syllabus

Medical malpractice use of force statute of limitations magistrate Civ.R. 53(C). Plaintiff filed this action for medical practice and unreasonable use of force on May 23, 2019. The magistrate determined that plaintiff's use of force claim stemmed from a 2016 incident and plaintiff's medical malpractice claim stemmed from a February 2016 medication change. The magistrate found that these were both outside the two-year statute of limitations and the one-year statute of limitations for medical claims. Further, the magistrate determined that even if plaintiff had filed his medical negligence claim within the statute of limitations, he did not present expert medical testimony required to establish a medical malpractice claim. Therefore, the magistrate recommended judgment be entered in favor of the defendant.