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GINGERICH v. POKORNY

No. 76 P 496.

50 Ohio Misc. 1 (1977)

GINGERICH ET AL. v. POKORNY ET AL.

Common Pleas Court of Geauga County.

Decided March 8, 1977.

Attorney(s) appearing for the Case

Mr. Jerome M. Ellerin, for plaintiffs.

Mr. Mario C. Ciano, for defendant.

VEIT, J.

R. C. 2305.11 tolls the one year statute of limitations in malpractice actions for 180 days "[i]f a written notice, prior to the expiration of * * * [one year], is given to any person in a medical malpractice case" to advise the future defendant of the malpractice claim. (Emphasis added.) The legislature has not defined the method of giving such notice and it is not clear whether actual receipt...

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