Deskins v. Young

The question presented is whether R.C. 2305.11(B) bars a medical claim in which the cause of action arose prior to the effective date of that statute, but discovery of the alleged negligent act occurred more than four years after the act or omission constituting the alleged malpractice occurred. In Adams v. Sherk (1983), 4 Ohio St. 3d 37, a case involving a similar question, this court held that retroactive application of R.C. 2305.11(B) was violative of Section 28, Article II of the Ohio Constitution.

R.C. 2305.11(B) provides that in no event shall a medical claim be brought more than four…