The Ohio Court of Appeals has dismissed an appeal in a medical malpractice case involving Melissa M. Raza and her husband, Mohammed Raza, against Dr. Brian K. Dorner. The court ruled that it did not have jurisdiction to hear the case because the lower court's dismissal was without prejudice, meaning the Raza family can refile their claims. This decision affects the Raza family as they seek justice for alleged medical malpractice that occurred during surgeries in 2025.
The case began when Melissa Raza filed a complaint against Dr. Dorner and Dorner Plastic Surgery in September 2025, alleging medical malpractice related to surgeries she underwent in February and March of that year. However, her initial complaint did not include an affidavit of merit, which is a requirement in Ohio for medical malpractice claims. An affidavit of merit is a document from a qualified medical expert that supports the claims being made.
On October 8, 2025, Melissa sought a 90-day extension to obtain the necessary affidavit of merit, stating she was in the process of retaining a medical expert. Despite this, she filed an amended complaint on October 15, 2025, adding her husband as a plaintiff and Dorner Plastic Surgery as a defendant. Like the original complaint, the amended version also failed to include the required affidavit of merit.
In response, the defendants filed a motion for judgment on the pleadings, arguing that the lack of an affidavit of merit warranted dismissal of the case. On December 17, 2025, the Franklin County Court of Common Pleas granted this motion and dismissed the case without prejudice, allowing the Raza family the option to refile their claims in the future.
The Raza family appealed this dismissal, arguing that the trial court made errors in its ruling. They contended that the court incorrectly applied the affidavit-of-merit requirement and that it failed to address a pending motion that could have impacted the case's procedural status. However, the Ohio Court of Appeals, led by Judge Leland, first needed to determine whether it had jurisdiction to hear the appeal.
The court explained that under Ohio law, a dismissal without prejudice does not constitute a final appealable order. This means that the Raza family is still able to pursue their claims, as the dismissal does not prevent them from refiling. The court referenced previous cases that established this principle, noting that a dismissal without prejudice is not final unless it precludes a party from refiling their claim.
In its ruling, the court stated, “The trial court’s dismissal clearly states that dismissal was ‘WITHOUT PREJUDICE.’” This indicates that the Raza family can still refile their case within the statute of limitations, which is one year for medical malpractice claims in Ohio.
The court also highlighted that the Raza family filed their initial complaint within the statute of limitations, as it was filed roughly seven months after the alleged malpractice occurred. Therefore, they still have time to gather the necessary documentation and refile their claims.
This ruling is significant as it clarifies the importance of the affidavit of merit in medical malpractice cases in Ohio. The requirement is designed to deter frivolous claims and ensure that only those with legitimate medical malpractice allegations proceed in court. The court's decision reinforces the need for plaintiffs to comply with procedural requirements when filing such claims.
Going forward, the Raza family can take the necessary steps to gather the required affidavit of merit and refile their case against Dr. Dorner and Dorner Plastic Surgery. This ruling does not set a new precedent but rather reaffirms existing legal standards regarding medical malpractice claims in Ohio.
As for what’s next, the Raza family has the option to appeal this ruling further, but given the court's clear determination regarding jurisdiction, it may be more prudent for them to focus on preparing their case for re-filing. There are no related cases pending that were mentioned in the court filing.