A cause of action for medical malpractice accrues and the applicable limitations period of Ohio Rev. Code § 2305.11 begins to run either (1) when the patient discovers or, in the exercise of reasonable care and diligence should have discovered, the resulting injury, or (2) when the physician- patient relationship for the condition terminates, whichever occurs later. Akers v. Alonzo, 65 Ohio St. 3d 422, 424-25, 605 N.E.2d 1, 3 (1992).
With respect to the first of these events, the Supreme Court has developed a three-pronged factual inquiry to determine when there is a “cognizable event” that may mark the time at which the cause of action accrues and the statutes of limitations begins to run. SeeFlowers v. Walker, 63 Ohio St. 546, 548-49, 589 N.E.2d 1284, 1287 (1992).
The date of accrual and, thus, the date from which the limitations period runs is primarily a question of fact. SeeCombs v. Children’s Med. Ctr., Inc., No. CA95-12-217 (12th Dist. July 29, 1996) (“The question of the existence of a cognizable event which starts the statute of limitations running is one of disputed fact to be decided by the trier of fact.”); Leftwich v. Martelino, 117 Ohio App. 3d 405, 411, 690 N.E.2d 932, 936 (4th Dist. 1997) (“determination of when a cause of action accrues and the statute of limitations begins to run involves an analysis of the facts on a case-by-case basis”); Shadler v. Pundy, 64 Ohio App. […]
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