Cleveland Medical Malpractice Attorney Discusses Statute of Limitations June 18, 2012.
One of the most important elements in your medical malpractice claim is Ohio’s Statute of Limitations. If you are filing a claim in Cleveland, the law says that you have up to one calendar year from the date of injury to file your lawsuit.
According to S.B. 281, the claim must be filed within a year after the "cause of action" occurs. This "cause of action" is either the discovery of the resulting injury from malpractice or the termination of the physician-patient relationship, whichever event occurs later.
When written notice is provided to the defendant within the limitation period, and then the claimant has 180 days to bring action against the defendant. There is also a four-year statute of limitations, which is for claims that result from ‘acts or omissions’. Within that period, a claim can be brought at anytime, provided that it also remains within the one-year statute for discovery of negligence or malpractice.
If a loved one dies as a result of medical malpractice, his or her family may file a wrongful death claim up to two years from the death.
If you have questions about medical malpractice or wrongful death, contact us today at (440) 333-3800 for a free consultation.