FAQs

How Long Do I Have To File A Medical Malpractice Claim?

If you have been injured due to the negligence of a medical professional, whether they took the wrong action or failed to take action, you may have a medical malpractice claim.

If you are wondering whether or not your situation is medical malpractice, see the examples below for a better idea of what medical malpractice is.

Learn about the standard of care.

Medical Malpractice Examples:

• Failure to diagnose a disease or medical condition
• The misdiagnosis of a disease or medical condition
• Failure to provide the treatment needed for a condition
• An unreasonable delay in the treatment of a diagnosed medical condition

Filing a Medical Malpractice Claim:

If you believe that you have a medical malpractice lawsuit, the first thing you should do is to call a lawyer to represent you. We recommend doing so soon after the incident.

The statute of limitations for medical malpractice in Ohio is one year, which means that the lawsuit must be filed one year after the cause of the action accrues.

A cause of action for medical malpractice accrues either:

1. On the date of the actual medical malpractice
2. On the date that the plaintiff reasonable should have discovered that malpractice occurred
3. When the physician=patient relationship for that condition terminates

An example that can help you better understand this concept is below:

If you had surgery on January 1, 2013 where malpractice was committed, but you did not reasonable discover that malpractice was committed until March 1, 2013, then the statute of limitations will not run out until March 1, 2014. This one year statute of limitations applies to any type of medical malpractice claim against any type of health care provider.

How do you know if you have a medical malpractice lawsuit?

If you do not file the medical malpractice lawsuit within the one year statute of limitations, the claim is forever barred, you can receive no compensation, and the doctor will have gotten away with medical malpractice.

Ohio Medical Malpractice Lawyer

If you would like to speak to our medical malpractice lawyers about the incident in which you suffered injury due to the negligence of a medical professional, call 800.637.8170. Our lawyers have years of experience with cases of this nature and can help you to receive the compensation that you deserve for the injuries that you’ve suffered.