The law restricts the time for filing a lawsuit. However, the statute of limitations for medical malpractice in Ohio is one of the shortest in the nation.
This law can be excessively burdensome for patients who suffer serious physical or mental injuries due to malpractice. However, quick action to find and retain a lawyer can aid you in meeting the deadline and preserving your medical malpractice claims.
Ohio’s Statute of Limitations for Medical Malpractice
Ohio law only gives an injured patient one year from their injury to file a medical malpractice lawsuit. A judge will dismiss a lawsuit filed more than a year after the injury date unless the patient has an excuse recognized under state law.
Judges have no discretion in this matter. Ohio law states that, with a few exceptions, legal actions for any of the following claims must be filed within one year of the act that caused the injury:
- Medical
- Dental
- Optometric
- Chiropractic
This limitation does not apply to all claims against healthcare providers or facilities. For example, your claim is governed by the state’s regular two-year statute of limitations if you were in a car accident with an ambulance or if your loved one was subjected to nursing abuse or neglect.
The Discovery Rule in Ohio Law
A significant exception to the statute of limitations for medical malpractice in Ohio is the discovery rule. If you were not aware that you were injured when the provider’s negligence occurred, your one-year period starts when you discovered the injury or reasonably should have discovered the injury.
Thus, suppose that you saw a doctor about abdominal pain and struggled to recover for over two years. If you seek a second opinion and find out that your doctor’s original diagnosis was incorrect, your one-year period to file a lawsuit could begin when you received the second opinion rather than when you received the incorrect diagnosis.
However, the discovery rule has a limit. Ohio sets an absolute deadline, called a statute of repose, four years after the alleged negligence.
Confusingly, even this “absolute deadline” has an exception if you only discovered an injury or a foreign object left inside during a surgery between the third and fourth years. In these cases, you have one year to file, even if the time expires after the fourth year.
Effect of the Statute of Limitations on Your Claim
The statute of limitations states that your claim is barred if you fail to meet the applicable deadline. If you have filed a lawsuit, the court must dismiss it, although you can appeal the dismissal if you believe the judge miscalculated your deadline.
If you have not yet filed a lawsuit, the provider’s malpractice insurer will likely deny any claims and defend itself by asserting the time bar.
When the judge dismisses your case for missing the statute of limitations, you cannot refile it. Instead, your case is dismissed “with prejudice,” meaning you cannot fix the problem, and you permanently lose the right to seek compensation.
However, even these outcomes may have exceptions under Ohio’s complex laws. You should check with a lawyer to see if any of these exceptions apply to your case.
For example, the law pauses the statute of limitations for people without the legal capacity to sue, such as minors and people with incapacitating mental disabilities. In these cases, the deadline may be paused until the legal disability ends. Thus, the limit for an injured minor ends one year after they turn 18.
Similarly, you may gain additional time if the healthcare provider’s fraud or concealment prevents you from discovering your injury or its cause. If you can show that your doctor delayed you from obtaining an accurate second opinion by altering your records, you might get credit for the delay.
Addressing the Challenges Posed by the Statute of Limitations for Medical Malpractice in Ohio
A medical malpractice law firm can analyze your case and identify the deadlines that apply. Your firm will also file the paperwork necessary to satisfy the statute, reducing the likelihood that your case will be dismissed due to a missed deadline.
Thus, prompt action is crucial to avoid costly mistakes. The sooner you meet with a medical malpractice attorney, the better your chances will be of building a strong case within the time allowed under Ohio law.
FAQ
How Can I Meet the Statute of Limitations?
You meet the statute of limitations by filing a lawsuit. Filing an insurance claim does not satisfy the statute. The time will continue to run during any negotiations with the provider’s malpractice insurer.
How Soon Should I Meet With a Lawyer After I Discover My Injury?
You should meet with a lawyer promptly after discovering your injury. In many cases, the discovery of the injury starts a one-year countdown.
How Quickly Can a Lawyer Act After We Meet?
A lawyer can start investigating your case right away and submit an affidavit of merit from a medical expert with your medical malpractice lawsuit. Thus, you should give your lawyer as much time as possible to prepare the documents necessary to meet your deadline.
Contact Us to Learn About Ohio’s Medical Malpractice Statute of Limitations
Ohio has a complex statute of limitations for malpractice claims. Contact The Moore Law Firm to discuss your claims with an experienced medical malpractice attorney and the deadline you must meet.
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.