An action upon a medical, dental, optometric, or chiropractic claim shall be commenced within one year after the cause of action accrues, except that, if prior to the expiration of that one-year period, a claimant who allegedly possesses a medical, dental, optometric, or chiropractic claim gives to the person who is the subject of that claim written notice that the claimant is considering bringing an action upon that claim, that action may be commenced against the person notified at any time within one hundred eighty days after the notice is so given.
No cause of action upon a medical, dental, optometric, or chiropractic claim shall accrue later than six years after the occurrence of the act or omission constituting the alleged basis of the medical, dental, optometric, or chiropractic claim. This section is not available as an affirmative defense to a defendant in an action upon a medical, dental, optometric, or chiropractic claim if the defendant engages in fraud in regard to any relevant fact or other information that pertains to the act or omission constituting the alleged basis of the medical, dental, optometric, or chiropractic claim.
Notwithstanding an otherwise applicable period of limitation specified in this chapter, if a plaintiff discovers an injury that is the basis of a medical, dental, optometric, or chiropractic claim within the six-year period described in division B.(3)A. of this section, but less than one year prior to the expiration of that period, an action based on the medical, dental, optometric, or chiropractic claim may be commenced within one year after the date of discovery of that injury.
(1) "Hospital" includes any person, corporation, association, board, or authority that is responsible for the operation of any hospital licensed or registered in the state, including, but not limited to, those which are owned or operated by the state, political subdivisions, any person, any corporation, or any combination thereof. "Hospital" also includes any person, corporation, association, board, entity, or authority that is responsible for the operation of any clinic that employs a full-time staff of physicians practicing in more than one recognized medical specialty and rendering advice, diagnosis, care, and treatment to individuals. "Hospital" does not include any hospital operated by the government of the United States or any of its branches.
(2) "Physician" means a person who is licensed to practice medicine and surgery or osteopathic medicine and surgery by the state medical board or a person who otherwise is authorized to practice medicine and surgery or osteopathic medicine and surgery in this state.
(3) "Medical claim" means any claim that is asserted in any civil action against a physician, podiatrist, or hospital, against any employee or agent of a physician, podiatrist, or hospital, or against a registered nurse, midwife, or physical therapist, and that arises out of the medical diagnosis, care, or treatment of any person. "Medical claim" includes derivative claims for relief that arise from the medical diagnosis, care, or treatment of a person and a claim that is asserted in a civil action against a hospital and that is based on negligent credentialing.
(7) "Derivative claims for relief" include, but are not limited to, claims of a parent, guardian, custodian, or spouse of an individual who was the subject of any medical diagnosis, care, or treatment, dental diagnosis, care, or treatment, dental operation, optometric diagnosis, care, or treatment, or chiropractic diagnosis, care, or treatment, that arise from that diagnosis, care, treatment, or operation, and that seek the recovery of damages for any of the following:
A. Loss of society, consortium, companionship, care, assistance, attention, protection, advice, guidance, counsel, instruction, training, or education, or any other intangible loss that was sustained by the parent, guardian, custodian, or spouse;
B. Expenditures of the parent, guardian, custodian, or spouse for medical, dental, optometric, or chiropractic care or treatment, for rehabilitation services, or for other care, treatment, services, products, or accommodations provided to the individual who was the subject of the medical diagnosis, care, or treatment, the dental diagnosis, care, or treatment, the dental operation, the optometric diagnosis, care, or treatment, or the chiropractic diagnosis, care, or treatment.
(8) "Registered nurse" means any person who is licensed to practice nursing as a registered nurse by the state board of nursing.
(11) "Optometric claim" means any claim that is asserted in any civil action against an optometrist, or against any employee or agent of an optometrist, and that arises out of the optometric diagnosis, care, or treatment of any person. "Optometric claim" includes derivative claims for relief that arise from the optometric diagnosis, care, or treatment of a person.
(12) "Optometrist" means any person licensed to practice optometry by the state board of optometry.
Clark v. Hawkes Hosp. of Mt. Carmel, 9 Ohio St. 3d 182, 459 N.E.2d 559 (1984). (Termination of the physician-patient relationship is not the "accrual point" for medical malpractice actions. Rather, the action accrues when the patient discovers, or should discover, the resulting injury. The standard of reasonable care and diligence required for purposes of the discovery rule is that which is employed by an ordinary reasonably prudent person in like circumstances.)
Flowers v. Walker, 63 Ohio St. 3d 546, 589 N.E.2d 1284 (1992). (The patient was aware that various persons were involved in the faulty interpretation of her mammogram, but she was not aware of their identities. When she discovered approximately eight months later that she had cancer, that discovery constituted the "cognizable event" which gave rise to a duty to ascertain the identity of the tortfeasors who misinterpreted her prior mammogram.)
Fugate v. Volck, 79 Ohio App. 3d 263, 607 N.E.2d 78 (1992), motion to certify record overruled, 65 Ohio St. 3d 1420, 598 N.E.2d 1171 (1992). (The statute of limitations for a dental malpractice claim is triggered when there is a "cognizable event" that should lead the patient to believe that her condition is related to a dental procedure, treatment or diagnosis previously rendered to the patient and the cognizable event does or should place the patient on notice of the need to pursue his possible remedies.)
Adams v. Sherk, 4 Ohio St. 3d 37, 446 N.E.2d 165 (1983). (An action filed 13 years after a hysterectomy in which a metal object was left in the patient's abdomen was not barred by the 4-year statute where it was brought within one year after discovery of the object. The cause of action arose before the statute was enacted and the court held that the plaintiff was entitled to a reasonable time to institute the suit.)
Neilsen v. Barberton Citizens Hosp., 4 Ohio App. 3d 18, 446 N.E.2d 209 (1982). (The discovery rule tolls the running of the statute of limitations until the patient discovers that a foreign object was left in her body, but it does not toll the statute in an action by the patient's husband for loss of consortium.)
Shrewsbury v. Smith, 511 F.2d 1058 (6th Cir. 1975) , applying Ohio law. (Fraudulent concealment does not toll the statute of limitations applicable to malpractice actions. The reasoning of the court seems to be that since negligence is the basis of a malpractice action, fraud is irrelevant and it is only actions based on fraud that do not accrue until the fraud is discovered.) (See also Estate of Natherson, 102 Ohio App. 475, 134 N.E.2d 852 (1956)