Ohio § 2305.113

§ 2305.113.

(A) Except as otherwise provided in this section, an action upon a medical, dental, optometric,

or chiropractic claim shall be commenced within one year after the cause of action

accrued. (B)(1) If prior to the expiration of the one-year period specified in division (A) of this

section, 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. (2) A claimant who allegedly possesses a medical claim and who intends to give to the

person who is the subject of that claim the written notice described in division (B)(1)

of this section shall give that notice by sending it by certified mail, return receipt

requested, addressed to any of the following: (a) The person's residence; (b) The person's professional practice; (c) The person's employer; (d) The business address of the person on file with the state medical board or other

appropriate agency that issued the person's professional license. (3) An insurance company shall not consider the existence or nonexistence of a written

notice described in division (B)(1) of this section in setting the liability insurance

premium rates that the company may charge the company's insured person who is notified

by that written notice. (C) Except as to persons within the age of minority or of unsound mind as provided by section 2305.16 of the Revised Code , and except as provided in division (D) of this section, both of the following apply: (1) No action upon a medical, dental, optometric, or chiropractic claim shall be commenced

more than four years after the occurrence of the act or omission constituting the

alleged basis of the medical, dental, optometric, or chiropractic claim. (2) If an action upon a medical, dental, optometric, or chiropractic claim is not commenced

within four years after the occurrence of the act or omission constituting the alleged

basis of the medical, dental, optometric, or chiropractic claim, then, any action

upon that claim is barred. (D)(1) If a person making a medical claim, dental claim, optometric claim, or chiropractic

claim, in the exercise of reasonable care and diligence, could not have discovered

the injury resulting from the act or omission constituting the alleged basis of the

claim within three years after the occurrence of the act or omission, but, in the

exercise of reasonable care and diligence, discovers the injury resulting from that

act or omission before the expiration of the four-year period specified in division

(C)(1) of this section, the person may commence an action upon the claim not later

than one year after the person discovers the injury resulting from that act or omission. (2) If the alleged basis of a medical claim, dental claim, optometric claim, or chiropractic

claim is the occurrence of an act or omission that involves a foreign object that

is left in the body of the person making the claim, the person may commence an action

upon the claim not later than one year after the person discovered the foreign object

or not later than one year after the person, with reasonable care and diligence, should

have discovered the foreign object. (3) A person who commences an action upon a medical claim, dental claim, optometric claim,

or chiropractic claim under the circumstances described in division (D)(1) or (2)

of this section has the affirmative burden of proving, by clear and convincing evidence,

that the person, with reasonable care and diligence, could not have discovered the

injury resulting from the act or omission constituting the alleged basis of the claim

within the three-year period described in division (D)(1) of this section or within

the one-year period described in division (D)(2) of this section, whichever is applicable. (E) As used in this section: (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 that are owned or operated by the state, political subdivisions,

any person, any corporation, or any combination of the state, political subdivisions,

persons, and corporations.  “ 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,

hospital, home, or residential facility, against any employee or agent of a physician,

podiatrist, hospital, home, or residential facility, or against a licensed practical

nurse, registered nurse, advanced practice registered nurse, physical therapist, physician

assistant, emergency medical technician-basic, emergency medical technician-intermediate,

or emergency medical technician-paramedic, and that arises out of the medical diagnosis,

care, or treatment of any person.  “ Medical claim ” includes the following: (a) Derivative claims for relief that arise from the medical diagnosis, care, or treatment

of a person; (b) Derivative claims for relief that arise from the plan of care prepared for a resident

of a home; (c) Claims that arise out of the medical diagnosis, care, or treatment of any person

or claims that arise out of the plan of care prepared for a resident of a home and

to which both types of claims either of the following applies: (i) The claim results from acts or omissions in providing medical care. (ii) The claim results from the hiring, training, supervision, retention, or termination

of caregivers providing medical diagnosis, care, or treatment. (d) Claims that arise out of the plan of care, medical diagnosis, or treatment of any

person and that are brought under section 3721.17 of the Revised Code ; (e) Claims that arise out of skilled nursing care or personal care services provided

in a home pursuant to the plan of care, medical diagnosis, or treatment. (4) “ Podiatrist ” means any person who is licensed to practice podiatric medicine and surgery by the

state medical board. (5) “ Dentist ” means any person who is licensed to practice dentistry by the state dental board. (6) “ Dental claim ” means any claim that is asserted in any civil action against a dentist, or against

any employee or agent of a dentist, and that arises out of a dental operation or the

dental diagnosis, care, or treatment of any person.  “ Dental claim ” includes derivative claims for relief that arise from a dental operation or the

dental diagnosis, care, or treatment of a person. (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

board of nursing. (9) “ Chiropractic claim ” means any claim that is asserted in any civil action against a chiropractor, or

against any employee or agent of a chiropractor, and that arises out of the chiropractic

diagnosis, care, or treatment of any person.  “ Chiropractic claim ” includes derivative claims for relief that arise from the chiropractic diagnosis,

care, or treatment of a person. (10) “ Chiropractor ” means any person who is licensed to practice chiropractic by the state chiropractic

board. (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 vision professionals

board. (13) “ Physical therapist ” means any person who is licensed to practice physical therapy under Chapter 4755.

of the Revised Code. (14) “Home” has the same meaning as in section 3721.10 of the Revised Code . (15) “ Residential facility ” means a facility licensed under section 5123.19 of the Revised Code . (16) “Advanced practice registered nurse” has the same meaning as in section 4723.01 of the Revised Code . (17) “ Licensed practical nurse ” means any person who is licensed to practice nursing as a licensed practical nurse

by the board of nursing pursuant to Chapter 4723. of the Revised Code. (18) “ Physician assistant ” means any person who is licensed as a physician assistant under Chapter 4730. of

the Revised Code. (19) “ Emergency medical technician-basic ,” “ emergency medical technician-intermediate ,” and “ emergency medical technician-paramedic ” means any person who is certified under Chapter 4765. of the Revised Code as an

emergency medical technician-basic, emergency medical technician-intermediate, or

emergency medical technician-paramedic, whichever is applicable. (20) “Skilled nursing care” and “personal care services” have the same meanings as in section 3721.01 of the Revised Code .