ADAMS v. SHERK

No. 82-415.

4 Ohio St. 3d 37 (1983)

ADAMS, APPELLANT, v. SHERK ET AL., APPELLEES.

Supreme Court of Ohio.

Decided March 16, 1983.


Attorney(s) appearing for the Case

Messrs. Bryant & Sanzone, Mr. Jerry M. Bryant and Mr. Nicholas E. Bunch, for appellant.

Messrs. Bieser, Greer & Landis, Mr. Arthur Kepes and Mr. David C. Greer, for appellees.

Messrs. Spangenberg, Shibley, Traci & Lancione and Mr. Donald Traci, urging reversal for amicus curiae, Phyllis Jean Cyrus.


Per Curiam.

This case presents the issue of whether R.C. 2305.11(B) applies to a medical malpractice claim alleging discovery of a "foreign object" resulting from surgery, in which the cause of action arose prior to the effective date of the statute but the discovery of the foreign object occurred more than four years after the alleged act or omission constituting malpractice occurred.

R.C. 2305.11 provides, in pertinent part:

"(A) An action...

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