Gingerich v. Pokorny

R. C. 2305.11 tolls the one year statute of limitations in malpractice actions for 180 days “[i]f a written notice, prior to the expiration of * * * [one year], is given to any person in a medical malpractice ease” to advise the future defendant of the malpractice claim. (Emphasis added.) The legislature has not defined the method *2of giving such notice and it is not clear whether actual receipt of such notice within one year, or depositing the notice in the mail on time, satisfies the requirements of “giving notice.

In this medical malpractice claim the alleged malpractice occurred on May 5,…