Amy L. O'Neil


The decision in Baird v. Loeffler is another victory for physicians and medical malpractice insurers. It will not be well accepted by plaintiff's attorneys or by others who advocate the rights of patients, especially minors, to be compensated for injuries sustained by them due to a physician's negligence. The case focuses on an amendment to the Ohio Medical Malpractice Statute which became effective July 28, 1975. The issue in Baird is the proper statutory construction that should be given to the statute where a minor's cause of action arose prior to the effective date of the statute. In effect, the Ohio Supreme Court's decision in Baird totally bars a minor from bringing a medical malpractice action which accrued prior to the amendment of the statute, unless brought for him by another within a reasonable time.