Statute of Limitation

In Dinges v. St. Luke’s Hospital, 2012-Ohio-2422, the Sixth Dist. Court of Appeals reversed a summary judgment in favor of a professional corporation. The doctors had been dismissed on statute of limitation grounds, but both claimed to be employees of the corporation. The corporation had been timely sued. After determining that respondeat superior had been sufficiently alleged, the court concluded that summary judgment would be warranted only if the doctors were partners as was Rick Wuerth in the Wuerth case. In other words, employees of hospitals and medical facilities do not need to be individually included in a medical malpractice action.

Reference: Statute of Limitation