McCARTHY v. LEE

No. 2022-0732.

230 N.E.3d 1131 (2023)

173 Ohio St.3d 366

2023-Ohio-4696

McCARTHY et al., Appellants, v. LEE et al., Appellees.

Supreme Court of Ohio.

Decided December 28, 2023.


Attorney(s) appearing for the Case

Beausay & Nichols Law Firm, T. Jeffrey Beausay , and Sara C. Nichols , Columbus, for appellants.

FisherBroyles, L.L.P, Michael R. Traven , and Robert B. Graziano , Columbus, for appellees.

Bonezzi, Switzer, Polito & Hupp Co., L.P.A., Paul W. McCartney, Cincinnati, and Diane L. Feigi, urging affirmance for amicus curiae Ohio Association of Civil Trial Attorneys.

Bricker Graydon, L.L.P., Anne Marie Sferra, and Christopher P. Gordon, Columbus, urging affirmance for amici curiae Ohio Hospital Association, Ohio State Medical Association, and Ohio Osteopathic Association.


{¶ 1} Ohio's medical-claim statute of repose provides that a medical claim must be brought within four years of the act or omission that is the basis of the claim. Any action upon a medical claim brought outside that time frame is barred. R.C. 2305.113(C)(2). In this case, a husband and wife's medical-negligence claim...

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