Frysinger v. Leech

The physician contends: (1) a malpractice action accrues upon the patient’s discovery of the malpractice injury, despite the later termination of the professional relationship, and (2) a Civ. R. 41(A)(1) dismissal precludes a plaintiff’s reliance on R.C. 2305.19 to eliminate the limitations bar. We reject both those contentions, reverse the dismissal judgment, and remand the cause for further proceedings.

I

R.C. 2305.11(A) established the statute of limitations applicable to medical malpractice cases. At the time relevant herein, it provided:

“An action for * * * malpractice, including an action…