When someone suffers harm due to medical malpractice, the courts consider more than the evidence backing up the claim. The filing date can determine whether someone is eligible to pursue compensation. If you were harmed due to a surgical error or other medical error, you may wonder how long you have to file a med mal claim in Columbus, Ohio.
Understanding this deadline is a key first step for anyone pursuing compensation for an injury.
Understanding Ohio’s Medical Malpractice Filing Deadline
No one starts their day in German Village, Schumacher Place, or another neighborhood in Columbus expecting to suffer harm from a healthcare worker. Over the past decades, roughly three in 10 doctors have faced medical malpractice claims, and plaintiffs have a narrow window of time to file an injury claim seeking compensation from a doctor or nurse.
Under Ohio law, a medical malpractice action generally must be filed within one year after the plaintiff discovers the injury. The state also imposes a four-year statute of repose that generally prevents a patient from bringing a medical claim more than four years after the act or omission that caused the injury, although limited exceptions apply.
Ohio law also provides a way to gain additional time in certain circumstances. If the patient sends the healthcare provider the required written notice before the one-year period expires, the action may be filed within 180 days after that notice is given.
One study found that diagnostic errors accounted for 26.6% of medical malpractice claims. Whether you are seeking compensation for a surgical error or another type of medical negligence, meeting strict filing deadlines is a prerequisite for retaining your eligibility to pursue compensation from a negligent doctor.
When Does the Statute of Limitations Begin?
The one-year statute of limitations generally begins when the patient discovers that they were injured due to medical care. One example could be someone who finds that they have a serious disease after being cleared of health problems from a previous check-up.
The clock could begin ticking the day they learn of the misdiagnosis. Another example could be someone who has surgery and learns that a surgical instrument was left inside them. In that case, the start date for the one-year deadline could be the day they learn about the botched operation.
Exceptions That May Extend the Filing Deadline
Ohio law provides limited exceptions that can give some patients additional time to file a medical malpractice claim. For example, sending a healthcare provider the required written notice before the one-year deadline expires can extend the filing period by 180 days.
Exceptions to the four-year statute of repose may also apply when an injury could not reasonably have been discovered earlier or when a foreign object is discovered inside a patient’s body.
Why You Should Hire a Medical Malpractice Lawyer
Failing to meet the state’s filing deadlines could jeopardize your eligibility to pursue compensation from the at-fault doctor. When you hire a medical malpractice lawyer, you gain steady support from a Columbus medical malpractice attorney who understands the state’s medical malpractice laws and how to carefully manage your medical malpractice case with a focus on securing the compensation that you are owed.
Spangenberg Shibley & Liber represents injured patients seeking accountability and justice. We serve both Ohio and Florida and have secured more than $1 billion for our clients through focused negotiations and strategic litigation. Trust our award-winning lawyers to provide you with the results-driven representation you need to reclaim what you lost. Neither awards, recognition, nor past settlements are guarantees of future results.
Injured By Medical Malpractice? Let’s Talk
Missing Ohio’s deadline for filing a medical malpractice claim can prevent you from recovering compensation for the harm you suffered. If you believe a healthcare provider’s negligence caused your injury, Spangenberg Shibley & Liber can determine how much time remains and protect your legal rights. Our trial-ready attorneys focus on complex, high-value medical malpractice claims. Contact Spangenberg Shibley & Liber today to discuss your case.
