Like every other state, Ohio has a statute of limitations for medical malpractice claims. This law limits the available time to file a lawsuit against the medical providers that committed errors and caused your injuries and losses. Here’s some information about the statute of limitations and what happens if you miss the deadline or only discover your injury after a period of time has elapsed.
What is the statute of limitations for medical malpractice claims?
The medical malpractice statute of limitations is found in Ohio Rev. Stat. § 2305.113 and provides a one-year deadline for filing a malpractice claim. The limitations period is tolled until the date the patient discovers or reasonably should have discovered their harm and the fact that it was caused by medical negligence. Alternatively, the one-year limitations period can be tolled until the date the relationship between the doctor and patient ends. Under subsection (C)(1), there is a four-year statute of repose. Under this law, no claim can be filed after four years have passed from the date of the injury. This means that if you don’t discover your injury until four or more years after the date it occurred, your claim will be time-barred. However, there are a couple of important exceptions.
Exceptions to the statutes of limitation and repose
Ohio provides the following exceptions to the statutes of limitations and repose:
- Minors have one year following their 18th birthday to file a lawsuit or a four-year statute of repose
- People adjudged as incompetent will have one year following their restoration to competency or a four-year statute of repose from that date
- For those who have foreign objects left behind in their bodies, the statute of limitations will not start running until the date of discovery or the date it should have been discovered
The medical malpractice statute of limitations and the statute of repose can be complex. However, if you fail to meet the applicable deadline, you won’t be able to pursue compensation for your losses.