Legal Opinion

Edens v. Barberton Area Family Practice Center

Ohio Supreme Court

Decided June 14, 1989No. 88-1081PublishedCited by 15 opinions

1Opinion of the CourtAlice Robie Resnick, J.

R.C. 2305.11(B)(1) provides that a medical malpractice claim must be brought within one year after the cause of action accrued. However, if prior to the expiration of the one-year statute of limitations, a claimant gives written notice to a potential defendant that he is considering bringing an action based on the alleged claim, then the claimant has one hundred eighty days after such notice is given to commence his action. R.C. 2305.11(B)(1) reads as follows:

“* * * An action upon a medical, dental, optometric, or chiropractic claim shall be commenced within one year after the action accrued,…

2Cases cited17 opinions

  1. Regan v. Atlantic Refining Co.Massachusetts Supreme Judicial Court · 1939
  2. Castellano v. KosydarOhio Supreme Court · 1975
  3. Baker v. Powhatan Mining Co.Ohio Supreme Court · 1946
  4. School District No. 6 of Pima County v. BarberArizona Supreme Court · 1958
  5. Herman Baldwin and Tom Goff v. Fidelity Phenix Fire Insurance Company of New York, a CorporationCourt of Appeals for the Sixth Circuit · 1958

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3Cited by15 opinions

  1. Woods v. DuttaOhio Court of Appeals · 1997
  2. Marshall v. OrtegaOhio Supreme Court · 2000
  3. Leak v. Lexington Insurance Co.District Court, S.D. Ohio · 2009
  4. Amadasu v. O'NealOhio Court of Appeals · 2008
  5. Sullivan v. Mercy HealthOhio Court of Appeals · 2022

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