Myrene M. Shrewsbury and Alvin H. Shrewsbury v. Dr. Dewayne Smith

This appeal is from an order dismissing the complaint on the ground that the cause of action for malpractice was barred by Ohio’s one-year statute of limitations. Ohio Rev.Code § 2305.11. We are of the opinion that the appeal was timely filed, and the motion to dismiss is therefore overruled.

Defendants contend that the statute of limitations commenced to run at the latest when the physician-patient relationship ended and the action admittedly was not brought within that time. Wyler v. Tripi, 25 Ohio St.2d 164, 267 N.E.2d 419 (1971).

The Supreme Court of Ohio adopted an exception to this rule…