Statutes of limitations provide certainty. Businesses and individuals know that they will usually only face lawsuits for actions they have taken within the most recent few years. The exact time depends on the type of claim. Unfortunately for injured patients, the time limit for medical malpractice lawsuits in Ohio is quite complicated. Take a closer look at when you should contact Ohio medical malpractice lawyers after an injury.
Ohio’s Statute of Limitations for Medical Malpractice
The statute of limitations for Ohio medical malpractice cases is complex. The general rule is that lawsuits for medical, dental, optometric, or chiropractic negligence must be filed within one year of the injury.
However, this rule has an exception. If both of the following are true, the injured patient gets additional time to file a medical malpractice lawsuit:
- The patient could not have reasonably discovered the injury within three years
- The patient discovered the injury within four years of the alleged malpractice
When a patient meets both elements, they have a one-year period from the discovery date to file a claim. However, a patient can’t file a lawsuit more than four years after the alleged malpractice, no matter the circumstances.
For example, suppose that a doctor left a foreign object inside a patient during surgery. Under Ohio law, a patient can bring an action against the doctor within one year of the date the patient discovered the surgical error or reasonably should have discovered it.
Why Time Is of the Essence in a Medical Malpractice Case
Time is of the essence when it comes to medical malpractice cases. This is because a judge can, or in some cases must, dismiss cases filed after the time limit has expired.
This dismissal happens without ever reaching the merits of the case. Thus, a judge could dismiss your case even though you have a genuine injury and proof that your doctor acted negligently.
However, in addition to the risk of dismissal, you have other important reasons to act quickly after you discover your doctor injured you. First, memories can fade, and records can get lost. The quicker you act, the better your chances of uncovering evidence to support your claim.
Second, under the statute, you can delay the time limit by 180 days by notifying your healthcare provider of your claim. This is a special letter that should be drafted by an attorney. By acting quickly, you give your lawyer the option to extend the deadline to build the strongest possible case.
Steps to Take if You Suspect Malpractice
You can hold almost any type of healthcare professional responsible for the injuries they caused through negligent or intentional actions. If you suspect your injuries resulted from a medical error, you should:
- Gather your medical records from the treating physician
- Seek a second opinion to review the original doctor’s work
- Maintain records of your injury-related expenditures
After you have some basic information about what happened, make sure to contact an Ohio medical malpractice law firm. Most firms offer a free consultation, so you can speak to a lawyer without cost or obligation.
What Happens if You Miss the Deadline?
You should never assume you have missed the deadline to file a lawsuit. Ohio’s statute of limitations contains a built-in mechanism for extending the deadline if you do not discover the cause of your injury until after the deadline passed.
Additionally, Ohio law provides several tolling provisions that temporarily pause the statute of limitations. For example, the time limits pause for injured children until they turn 18.
Consulting With an Attorney
When you consult an attorney about your case, you should bring as much information as you can gather. You might need your medical records, medical bills, pay stubs, and other financial records to help the lawyer understand what happened and how it affected you.
The lawyer can evaluate your case for free and explain your legal options. Not all adverse outcomes will support a malpractice case. The lawyer can assess both the strength and value of your claim so that you can make informed decisions about proceeding.
Frequently Asked Questions (FAQs) About Medical Malpractice
What Qualifies as Medical Malpractice in Ohio?
Malpractice happens when a healthcare professional fails to meet the professional standard of care. Malpractice can take a few forms. For instance, diagnostic errors include misdiagnosis and non-diagnosis of your condition, while treatment errors consist of drug and surgical errors.
Recordkeeping errors happen when hospitals, laboratories, and doctors mix up files or test results.
How Long Does It Take to File a Medical Malpractice Suit in Ohio?
In theory, Ohio medical malpractice lawyers can file immediately after meeting with you. However, you should not wait until the last minute for two reasons. First, most lawyers need time to prepare your lawsuit. Also, courts require lawyers to conduct a reasonable investigation before filing.
Do I Need an Ohio Medical Malpractice Attorney?
When you file a malpractice lawsuit, you face daunting odds. Doctors fight hard against malpractice allegations to preserve their reputations, and malpractice insurers have the money and resources to support their policyholders.
Thus, the assistance of experienced medical malpractice attorneys can make all the difference in the success of your case.
Act Today to Preserve Your Rights in Cincinnati
The statute of limitations for medical malpractice in Ohio is short. If you plan to pursue a claim, you should act quickly to preserve your rights. Even if you think you missed the deadline, a lawyer may find a way to avoid a dismissal.
The Ohio medical malpractice attorneys at The Moore Law Firm are committed to guiding you every step of the way through your claim and have a proven legacy of exceptional service and results. Contact us to schedule your consultation today.
If you have been injured or have lost a loved one as a result of another person's negligence, you deserve to be fully compensated for your losses. The simple fact is that you should not be forced to pay the price for another person's careless or reckless actions.