Young v. UC Health — Aug. 2016 (Summary)

STATUTE OF LIMITATIONS

Young v. UC Health
Nos. C-150562, C-150566 (Ohio Ct. App. Aug. 26, 2016)

The Court of Appeals for Ohio for the First District reversed a lower court’s ruling that the statute of repose, which bars medical claims more than four years after the alleged malpractice, was illegal.  The case had been brought by a patient who had surgery performed by a spine surgeon who had since fled the country.  As a result, two hospitals were also named as defendants.

The court held that the lower court erred by concluding that the claims asserted by the patient were not medical claims. The court reasoned that because the claims arose out of the medical diagnosis, care, or treatment of the patient, the allegations against the hospital constituted medical claims. Additionally, the court found that the lower court erred in holding that the statute of repose was unconstitutional. The court noted that the Ohio Supreme Court has found that the statute of repose is constitutional, and the lower court had no authority to find otherwise. Therefore, the court found that the medical claims against the hospital were barred by the statute of repose and granted the hospital’s motion to dismiss.