Fact-Checked: Why Trust Rittgers Rittgers & Nakajima If you or someone you love has been hurt because of a medical mistake, understanding the legal timeline is key if you hope to recover the appropriate damages.
Ohio law sets a firm deadline for filing medical malpractice claims, and missing that deadline could mean losing your chance to seek justice. Let’s break down the rules, potential exceptions, and why it’s so important to act quickly if you think you have a case.
What’s the deadline?
In Ohio, you typically have one year to file a medical malpractice lawsuit. This clock starts ticking either on the date of the alleged malpractice or the day you realized (or should have realized) you were injured.
But here’s the catch: Even if you don’t discover the injury right away, there’s also a four-year cutoff called the “statute of repose.” This means you must file your claim within four years of the treatment or procedure, no matter when the malpractice comes to light.
Are there any exceptions?
Sometimes the rules allow for a little more time. Here are a few situations where the deadlines might get extended:
- You didn’t know right away: If the injury wasn’t obvious right away, you might have extra time under what’s called the discovery rule (as mentioned above). For example, if a surgeon left something inside you during an operation, you wouldn’t know until symptoms appeared or a test revealed it.
- You sent a letter of intent to sue: Ohio gives you the option to extend the one-year deadline by sending the healthcare provider a 180-day notice of intent to sue. It’s like hitting “pause” on the clock while you gather everything you need to move forward.
- You were a minor or under a legal disability: If the patient is a child or someone who’s legally incapacitated, the timeline may be paused until the person turns 18 or regains their legal capacity.
- There’s been fraud by the provider: If the health care provider tried to cover up their mistake, the deadline could be extended. This is known as fraudulent concealment, and it’s something a skilled attorney can help uncover.
What key step has to be taken before you can sue?
Filing a medical malpractice lawsuit in Ohio isn’t as simple as other personal injury lawsuits. You’ll need an Affidavit of Merit, which is a sworn statement from a qualified medical expert that your claim has some teeth. This expert reviews your case and confirms that there’s a valid reason to believe malpractice occurred.
Without this affidavit, the court will dismiss your claim before it even gets started. And since getting an expert review takes time, this is another reason to get the ball rolling sooner rather than later.
Why is it important to act quickly on medical malpractice claims?
When you’re dealing with a medical malpractice claim, time is not on your side. Here’s why it’s so important to act quickly:
- Building a strong case takes time. You will need to gather medical records, consult experts and investigate what went wrong. The sooner you start, the better.
- Figuring out exactly when the clock on the statute of limitations starts and whether you qualify for an exception isn’t always straightforward. You need legal guidance to understand the rules.
- Procedural hurdles can be time-consuming. The Affidavit of Merit isn’t something that can be obtained quickly.
- Evidence can vanish. Medical records can get harder to obtain, and people’s memories fade. Acting quickly means it’s easier to preserve the evidence you’ll need to prove your case.
Medical malpractice claims in Ohio come with strict deadlines and complex rules that leave little room for error. Waiting too long can mean missing out on your chance to get the compensation you deserve. If you think you’ve been harmed by a medical provider’s mistake, it’s important to seek knowledgeable legal guidance as soon as possible.