When someone suffers due to a medical error, their priorities are protecting their health and focusing on their recovery. However, a medical malpractice lawsuit could not only provide a measure of justice but also the resources an injury victim needs while they recover. Our attorneys can not only advise a victim of medical malpractice on the strength of their case but also identify the deadline for filing it.
What Is a Statute of Limitations?
A statute of limitations is a law that limits the amount of time a person has to file a lawsuit. The purpose is to encourage timely claims while the evidence is fresh and to shield defendants from the prospect of having to build a defense decades after an alleged injury. Once the time limit expires, courts generally will not hear a case, regardless of how strong it is.
In medical malpractice cases, meeting this deadline is critical because proving negligence often relies on complex expert testimony and timelines of care. Gathering this information takes time, so prospective plaintiffs need to act quickly once they believe they are victims of medical malpractice.
The Statute of Limitations for Medical Malpractice Cases in Ohio
Ohio has a specific statute of limitations for medical malpractice lawsuits. In general, patients must file their claim within one year from the date the malpractice occurred or from when the patient discovered (or should have reasonably discovered) the injury.
However, Ohio also has a three-year statute of repose. This allows patients to file claims if they discover that they were harmed due to malpractice within three years. They have one year to file a claim for a maximum time limit of four years.
This dual system can be confusing and may deprive a victim of their right to file, even if they only recently learned of the issue. That is why consulting a medical malpractice attorney as soon as possible is vital.
What Is the Discovery Rule?
The discovery rule is a legal exception that allows injured patients to file a malpractice lawsuit after the one-year deadline has passed. However, it applies only if they did not know, and could not reasonably have known, about the injury or its connection to a medical mistake until later.
Ohio law also provides a notable exception for foreign objects left in the body during surgery. If a sponge, instrument, or other object is left inside a patient and causes harm, the discovery rule allows the patient to file a lawsuit within one year of discovering the object, even if more than three years have passed since the surgery.
However, the discovery rule does not override the three-year statute of repose, except in foreign-object cases. That means if an injury was hidden for more than three years and was not caused by a foreign object, a plaintiff may still be barred from filing suit, even when there is no question that malpractice occurred.
Consequences of Missing the Deadline
If a medical malpractice victim misses the filing deadline, their right to pursue a claim is usually lost forever. The court will likely dismiss a case before it ever reaches trial, and the responsible medical provider will not be held liable for the harm the patient suffered.
This could mean losing out on compensation for:
- Medical bills
- Lost income
- Pain and suffering
- Long-term disability
Insurance companies and defense attorneys often closely investigate timelines for the purpose of arguing that an injured person waited too long to file suit. If they find evidence that a case was filed even a few days late, they will move to dismiss it, and judges often grant those motions immediately.
That is why it is essential to act quickly and consult with an experienced Ohio medical malpractice attorney. An experienced attorney can review medical histories and determine when the clock started ticking, ensuring that all documents are filed on time.
An attorney can also identify whether any exceptions apply, such as the discovery rule, and whether the three-year repose period affects the ability to file.
Talk to a Medical Malpractice Attorney as Soon as Possible
There is limited time to seek justice after a medical mistake, no matter how strong the case might be. If someone waits too long to act, they might miss out on their chance for compensation entirely. At Nurenberg Paris, our Cleveland medical malpractice lawyers are here to help.
We believe clients deserve justice, and our firm will work tirelessly to secure the damages owed to them. Don’t let the deadline lapse—reach out to our firm right away for a free consultation.
