Does Four-Year Time Limit for Bringing Medical Malpractice Claims Violate Patient's Constitutional Right to Legal Remedy?
In Case Where Malpractice Not Discovered Until After Time Limit Had Expired
Tracy Ruther, Individually and Administrator of the Estate of Timothy Ruther v. George Kaiser, D.O., et al., Case no. 2011-0899
Twelfth District Court of Appeals (Warren County)
ISSUE: Does a “statute of repose” enacted by the General Assembly in 2003 that bars the filing of a medical malpractice lawsuit more than four years after the date of the alleged malpractice violate the constitutional right to a remedy at law of a patient who did not discover his injury until more than four years after the date of the alleged malpractice?