blog header

CRUG Victory in Supreme Court of Ohio on Medical Claim Statute of Repose

On December 28, 2023, David Lester of CRUG’s Cleveland office won a victory for CRUG’s client, the Coshocton County Memorial Hospital in the Supreme Court of Ohio, that Ohio’s four-year statute of repose for “medical claims”, set forth in R.C. 2305.113(C), applies to wrongful-death claims.  In Everhart v. Coshocton County Mem. Hosp., 2023-Ohio-4670, the supreme court resolved a split in Ohio law by holding that the “broad definition of ‘medical claim’ that applies to the statute of repose clearly and unambiguously includes wrongful-death claims based on medical care, and nothing in Ohio’s statutory wrongful-death chapter negates their inclusion.”  The decision can be found here:  https://www.supremecourt.ohio.gov/rod/docs/pdf/0/2023/2023-Ohio-4670.pdf