Do you need a medical malpractice attorney? If so, you need to prepare to take immediate legal action. The state has a very strict statute of limitations for medical malpractice cases in Cleveland. Medical negligence victims only have one year to file their claim. The deadline for medical malpractice lawsuits is difficult to apply to any individual claim. It is not always clear what date the statute of limitations clock starts running in your case.
Hey folks, Allen Tittle, Cleveland’s medical malpractice lawyer, here again. Another question we get is, ‘what is the statute of limitations for medical malpractice claims here in Ohio?’ The short answer is only one year. So, you have one year from the date of the malpractice to bring the lawsuit. Now, there are some exceptions. The exceptions are that it can be one year from the date of when you discovered the medical malpractice, but you got to be careful with that exception because what the courts have said is that it’s not one year from when you actually discovered it but it’s one year from when you should have discovered it.
The other exception is the termination of the physician-patient relationship relating to the condition that’s at issue. Say your doctor botched your surgery leading to your leg being amputated. Then that doctor continued to treat you for that same condition, the aftercare, the follow-ups relating to that amputated leg, etc. The one-year clock would start to tick when the doctor no longer treated you for that condition or your physician-patient relationship was terminated. So, I hope that answered your question about the statute of limitations here in Ohio.
In some cases, the medical malpractice time limit will start when the negligence took place. In other cases, there are exceptions that will shift the starting point.
Under state law, the one-year clock does not start running until and unless the victim actually discovered their injuries. In medical malpractice cases, it may take many months for complications related to the malpractice to develop. The statute of limitations clock will not start running in these cases until the actual date of discovery.
However, the state also has a statute of repose. This mandates that you must discover the malpractice within four years from the date of the malpractice or your claim will be forever barred.
The clock won’t begin until the doctor-patient relationship has ended in cases involving failure to diagnose or misdiagnosis. Typically, this means the date of the patient’s last visit to that specific doctor as long as you are treating with that doctor for the “same condition” that the malpractice caused or dealt with.
Finally, there is a special rule for cases involving children. The medical malpractice time limit will never run on a child. They will have one year from the date of their eighteenth birthday to start a legal claim. It does not matter when the underlying malpractice took place. If no claim was ever filed, the child will still have claims rights once they turn eighteen.
The legal deadline can become a major issue in medical malpractice claims. There are different factors that will need to be considered in determining when a claim should be filed. The best thing you can do to protect yourself is to take action today.
If you’re within the statute of limitations for a medical malpractice case in Cleveland, our attorneys can help. At Tittle & Perlmuter, we have the skills and experience needed to help you bring an Ohio medical malpractice lawsuit. For a free, no-obligation review of your claim, please call our firm today or contact us online. We represent victims throughout Northeast Ohio.