Koler v. St. Joseph Hospital

Appellants contend that the statute of *479limitations for malpractice by a physician or hospital, in R. C. 2306.11(A), bars appellees’ actions alleging wrongful death. We disagree.

In Klema v. St. Elizabeth’s Hospital (1960), 170 Ohio St. 519, this court held, in paragraph one of the syllabus: “Where an alleged negligent act was such as would have, if death had not ensued, entitled a person to maintain an action therefor, a cause of action for wrongful death exists in such decedent’s personal representative, and such cause of action for wrongful death can not be defeated merely by reason of the…