Can the Time Limit to File a Wrongful Death Claim Expire Before the Patient has Died? I wrote about this issue a while back when the Tenth District Court of Appeals (Franklin County, Ohio) decided the case of Everhart v. Coshocton Cty. Mem. Hosp., 2022-Ohio-629. In that appeal, the court decided that Ohio’s four-year “statute of repose” for medical negligence claims does not apply to wrongful death claims. The statute of repose is an absolute ban on any medical claim that is not filed within four years of the date of the negligent act.
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