Ohio Supreme Court Clarifies Medical Claim Statute of Repose Includes Wrongful Death Claims

On December 28, 2023, a significant legal development occurred in Ohio when the Ohio Supreme Court resolved a discrepancy in appellate district decisions regarding the statute of repose for medical claims. The case in question, Everhart v. Coshocton County Memorial Hospital, concluded that the term "medical claim" in the statute unambiguously includes wrongful death claims stemming from medical care.

This case originated from an incident in 2003, where Todd Everhart was involved in a car accident and subsequently received chest x-rays at Coshocton County Memorial Hospital. The x-rays revealed increased opacity in his right lung, initially thought to be a contusion. Nearly three years later, Everhart returned to the hospital with severe symptoms, leading to a diagnosis of advanced-stage lung cancer, from which he died two weeks later. In 2008, Everhart’s wife filed a lawsuit for medical malpractice and wrongful death, alleging failure to inform her husband of the initial x-ray findings.

The defendants sought judgment on the pleadings, citing the four-year statute of repose outlined in R.C. 2305.113(C). The trial court sided with the defendants, but the Tenth District Court of Appeals reversed this decision, arguing the statute did not apply to wrongful-death claims. However, the Ohio Supreme Court’s ruling reverted to the trial court’s stance, stating the statute of repose explicitly includes wrongful death claims related to medical care as per R.C. 23015.113(E)(3).

This landmark decision is particularly relevant for medical providers in Ohio, emphasizing the importance of understanding the applicability of the statute of repose in medical malpractice and wrongful death cases. It underscores the necessity for medical professionals to be aware of their legal obligations and defenses in such situations.