Smith v. Mentor Ridge Health & Rehab.
Citations
- 232 N.E.3d 320
- 2023 Ohio 4659
Syllabus
Medical claim home nursing home residential facility statute of limitations relations back of amendments nullity. Injuries caused by two aides who dropped nursing-home resident while assisting her from her wheelchair to the toilet constituted medical claims subject to one-year statute of limitations. Amended complaint to substitute deceased plaintiff with personal representative was barred by statute of limitations because the original complaint was a nullity since filed in the name of the decedent and the amended complaint, which filed after the statute of limitations had expired, could not relate back to the original filing.
Judges: E.T. Gallagher
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