Ohio Supreme Court Approves Tolling of Medical Malpractice Suit

An Ohio law tolling the deadline to pursue lawsuits while a defendant’s out of state can be enforced in a medical malpractice suit against a physician who moved to Pennsylvania, Ohio’s top court said Wednesday.

The challenged tolling statute is constitutional in this instance because it doesn’t unduly burden commerce between the states, the Ohio Supreme Court ruled.

The ruling reverses a decision from an Ohio intermediate appellate court dismissing Claudia Kennedy’s medical malpractice action against doctor Sataya Acharya and others last year. Kennedy, executor of the estate of Donald Gerres, claimed that substandard medical care caused Gerres’ death ...