Melnyk v. Cleveland Clinic

When a metallic forceps and a nonabsorbent sponge are negligently left in a surgical patient’s body, does that act toll the running of the statute of limitation governing a resultant action for damages?1

The summary judgment appealed from was entered and affirmed upon the authority of Wyler v. Tripi (1971), 25 Ohio St. 2d 164, 267 N. E. 2d 419, which held that a cause of action for medical malpractice accrues, at the latest, when the physician-patient relationship finally terminates. Wyler, supra, discussed prior cases of this court, the various national theories regarding cases of this type,…