Medical Malpractice in Ohio: There Are Time Limitations. Find Out if You Need to Act Quickly to Protect Your Rights!

I want to pursue an Ohio medical malpractice claim against my doctor, but I don’t know if it is too late. How long do I have to file a lawsuit?

In most cases, adult victims of medical malpractice in Ohio have one year after their injury to file an Ohio medical malpractice claim.

2305.113 (A) “Except as otherwise provided in this section, an action upon a medical, dental, optometric, or chiropractic claim shall be commenced within one year after the cause of action accrued.”

However, there are exceptions.

If an injury is not discovered until after the two years have elapsed, then the victim has one year from the discovery of the injury in order to file an Ohio medical malpractice lawsuit.

2305.113(D)(1) “If a person making a medical claim, dental claim, optometric claim, or chiropractic claim, in the exercise of reasonable care and diligence, could not have discovered the injury resulting from the act or omission constituting the alleged basis of the claim within three years after the occurrence of the act or omission, but, in the exercise of reasonable care and diligence, discovers the injury resulting from that act or omission before the expiration of the four-year period specified in division (C)(1) of this section, the person may commence an action upon the claim not later than one year after the person discovers the injury resulting from that act or omission.”

But, the claim must still be made within four years of the injury, and the victim must prove that he did not know about the injury until that time.

2305.113(D )(2) “If an action upon a medical, dental, optometric, or chiropractic claim is not commenced within four years after the occurrence of the act or omission constituting the alleged basis of the medical, dental, optometric, or chiropractic claim, then, any action upon that claim is barred."

2305.113(D )(3) "A person who commences an action upon a medical claim, dental claim, optometric claim, or chiropractic claim under the circumstances described in division (D)(1) or (2) of this section has the affirmative burden of proving, by clear and convincing evidence, that the person, with reasonable care and diligence, could not have discovered the injury resulting from the act or omission constituting the alleged basis of the claim within the three-year period described in division (D)(1) of this section or within the one-year period described in division (D)(2) of this section, whichever is applicable.”

Medical malpractice lawsuits filed on behalf of children and mentally incapacitated adults must be initiated within four years of the injury.

2305.113 (C) “Except as to persons within the age of minority or of unsound mind as provided by section 2305.16 of the Revised Code, and except as provided in division (D) of this section, both of the following apply:

(1) No action upon a medical, dental, optometric, or chiropractic claim shall be commenced more than four years after the occurrence of the act or omission constituting the alleged basis of the medical, dental, optometric, or chiropractic claim.

(2) If an action upon a medical, dental, optometric, or chiropractic claim is not commenced within four years after the occurrence of the act or omission constituting the alleged basis of the medical, dental, optometric, or chiropractic claim, then, any action upon that claim is barred.”

Do you have more questions about medical malpracice?

Contact the Cleveland medical malpractice attorneys at Chester Law Group at 1-800-218-4243 to schedule a free consultation with an attorney who specializes in Ohio malpractice cases.

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