Obral v. Fairview General Hospital

I agree with the majority that none of the defendants was entitled to summary judgment on limitations grounds. The discovery rule announced in Oliver v. Kaiser Community Health Found. (1983), 5 Ohio St. 3d 111, applies to this case.

Defendant DeVera also argues that his evidentiary materials demonstrated his due care and eliminated any genuine issue of material fact about his alleged negligence. If so, he was entitled to judgment as a matter of law.

Plaintiff asserts negligence by defendant DeVera (a) in misinterpreting the original x-rays, and (b) in advising him about the need for further…