Marshall v. Ortega

Francis E. Sweeney, Sr., J.

The issue certified for our review is: “Where a party timely files more than one statutory notice of intent to sue in accordance with R.C. 2305.11(B)(1), does the statute of limitations for medical malpractice bar prosecution of an action for malpractice commenced within 180 days of the latest of these notices?” We answer this question in the negative and affirm the decision of the court of appeals.

Generally, a medical malpractice lawsuit must be brought within one year after the cause of action accrues. R.C. 2305.11(B)(1). However, R.C. 2305.11(B)(1) also provides…