Can a medical malpractice lawsuit be filed by next of kin, what is statute of limitations in Ohio

Consult w/ an Ohio Attorney. Here is the Malpractice Law in Ohio:

A medical malpractice action must be commenced within one year after the cause of action accrues. Ohio Rev. Code Ann. § 2305.113(A) (Westlaw 2006). A cause of action for medical malpractice accrues when the claimant discovers or, in the exercise of reasonable care and diligence, should have discovered the resulting injury, or when the physician-patient relationship for that condition terminates, whichever occurs later. Frysinger v. Leech, 32 Ohio St. 3d 38, 512 N.E.2d 337 (1987). If a malpractice claimant gives written notice to the prospective defendant within the one-year limitation period, the claimant may bring an action at any time within 180 days of that notice. Ohio Rev. Code Ann. § 2305.113(B) (Westlaw 2006).

A four-year statute of repose has been added for claims arising out of acts or omissions on or after April 11, 2003. A claim must be brought within four years of the act or omission, except that a claimant has one full year from discovery, even if this exceeds four years, for claims discovered during the third year or claims based on a foreign object left in the body. Ohio Rev. Code Ann. § 2305.113(C) and (D) (Westlaw 2006). Although there has been no published case to date addressing the constitutionality of § 2305.113, the Ohio Supreme Court has twice found medical malpractice statutes of repose to be unconstitutional. Hardy v. VerMeulen, 32 Ohio St. 3d 45, 512 N.E.2d 626, cert. denied, 484 U.S. 1066 (1987) (holding a four-year statute to be unconstitutional if "applied to bar the claims of medical malpractice plaintiffs who did not know or could not reasonably have known of their injuries"); State ex rel. Ohio Academy of Trial Lawyers v. Sheward, 86 Ohio St. 3d 451, 715 N.E.2d 1062 (1999) (holding a later statute unconstitutional in its entirety). If, at the time the cause of action accrues, the claimant is a minor or of unsound mind, both the one-year and four-year statutes are tolled until the disability is removed. Ohio Rev. Code Ann. § 2305.16 (Westlaw 2006).

Malpractice that results in death gives rise to two distinct claims: a malpractice claim for personal loss and suffering prior to death, enforceable by the decedent's personal representative, and a wrongful death claim for pecuniary loss to the decedent's spouse and next of kin. Koler v. St. Joseph Hospital, 69 Ohio St. 2d 477, 432 N.E.2d 821 (1982). A wrongful death action may be brought even if the malpractice claim is time-barred Id.; Brosse v. Cumming, 20 Ohio App. 3d 260, 485 N.E.2d 803 (1984) (malpractice claim already barred at time of death). By statute, an action for wrongful death must be brought within two years after the decedent's death, Ohio Rev. Code Ann. § 2125.02(D) (Westlaw 2006), but the Ohio Supreme Court has adopted a discovery rule that can extend this time. Collins v. Sotka, 81 Ohio St. 3d 506, 692 N.E.2d 581 (1998).