In this episode, John Maher speaks with Calder Mellino, partner at the Mellino Law Firm, about the statute of limitations for medical malpractice lawsuits in Ohio. Calder explains the one-year timeframe to file a medical malpractice lawsuit, how the statute of limitations differs for other types of cases, and when the clock starts for filing. He also covers exceptions, such as ongoing treatment or delayed injury discovery, and emphasizes the importance of contacting a lawyer as soon as possible to avoid missing crucial deadlines.
John Maher: Hi, I am John Maher and I’m here today with Calder Mellino, a partner with the Mellino Law Firm, a personal injury law firm in Cleveland, Ohio with a focus on medical malpractice. The Mellino Law Firm has over 40 years of experience in handling medical malpractice cases. We’ve been involved in several landmark cases in Ohio and has received verdicts against every hospital system in Cleveland. Welcome Calder.
Calder Mellino: Thanks for having me.
What is the Statute of Limitations for a Medical Malpractice Lawsuit?
Maher: Sure. So Calder, today we’re talking about how long you have to sue for a misdiagnosis. What is the statute of limitations for a medical malpractice lawsuit?
Mellino: Sure. The statute of limitations for a medical malpractice lawsuit in Ohio is one year.
Maher: And is that shorter or longer than some other states?
Mellino: That is one of the shortest statute of limitations in Ohio for any claims, and it’s also one of the shortest nationwide.
Does the Statute of Limitations Vary Depending on the Type Case?
Maher: Does the statute of limitations vary depending on the type of case in Ohio? So you said that medical malpractice in particular has one of the shortest ones. So in other types of cases it could be longer, even in Ohio.
Mellino: So, the statute of limitations does not vary for medical negligence claims. The law in Ohio for the statute of limitations is actually very broad. It includes medical, dental, optometric, and chiropractic claims. That’s all in that one year statute of limitations. Now it’s a general negligence claim. So it’s not medically related, then yes, that would be longer. That’s four years. And also if it’s wrongful death, whereas a result of, even if it’s medically related, that’s separate and that is a two-year claim, but you would still need to bring the medical portion of that, the medical claim within one year. So for all intents and purposes, all medical negligence claims in Ohio are one year.
When Does the One Year Timeframe Start?
Maher: Okay. So that obviously doesn’t give people a lot of time to file a lawsuit. When does that one year actually start?
Mellino: That’s right. It does not give patients a very long time. That starts from when the injury occurred. So from what… it’s usually from the event that was the negligence, but then it’s also from when that injury first occurred. So that would be the date of the surgery where something went wrong. That would be the date that you got the test result saying that. The date the test was performed. So let’s say you get a test result that says you have cancer, it wouldn’t be the date you found out about the result, it’d be the date that the test was performed where they missed that the first time.
Are There Any Exceptions to the Statute of Limitations for Medical Malpractice?
Maher: Are there any exceptions to the statute of limitations for medical malpractice cases or potentially differences in where that starting time would be like if somebody got injured but maybe they didn’t realize that they were injured until sometime later? Is there any kind of leeway there or any other exceptions?
Mellino: Yeah, so there’s two important factors that can determine when that clock starts running, if you will. The first one is when the patient stops treating with the physician. So that’s one exception. So, if you’re still treating with that doctor, that clock does not start running until you stop treating with that doctor. And so that won’t be from when you made that decision, but rather from the last date that you saw the doctor on.
So, if you see the doctor and a month later decide you’re never going back to that person, it’s not the month later when you made the decision, it’s the last time you saw them. But if that’s after the injury occurred, so let’s say you had the surgery on January 1st and that’s when the injury occurred, but then you went to see the doctor for follow-up on February 1st, and that was the last time you saw him, that clock would start on February 1st rather than January 1st.
And the other one you touched on, number two is that for some reason you did not know that the injury occurred like you weren’t aware of it. So again, cancer is a good example where you went and you got a screening and the doctor should have caught it but didn’t and go back again six months later and they do another screening and say, “Oh, now we catch it. Now you have cancer.” Oh, by the way, you should have caught it back on the last screening and they didn’t. Well, the clock doesn’t start running until you found out about it and you should know. And then that’s when that one year clock starts running.
How Long Does it Take to File a Medical Malpractice Lawsuit?
Maher: So obviously with that one-year statute of limitations, you want to try to contact a lawyer like yourself as soon as possible. How long does it take to actually bring a lawsuit, and then what would happen if you actually did miss that deadline for a lawsuit to be filed?
Mellino: Yeah, so the one year can be very short. I mean, sometimes it can feel like a while, but by the time you call the lawyers and get involved, it can be a very long process, especially since we’ll need to review, get all the medical records. It can take some time and have someone review them and get an expert to sign off on the case, they will file it. It’s not something you can do in a matter of days or weeks. It takes time.
So, it’s very important to get involved and contact a lawyer to talk more about what happened right away. Because if you do miss that statute, that’s it. You can no longer bring that claim. Now, you might be able to recover under different claims. For instance, we talked about wrongful death. That’s two years. So, if unfortunately the family member patient died as a result of what happened, you might still be able to bring it after that one year mark, but you’d be limited in what you could recover for because it would only be about the wrongful death then, and you’ll still no longer be able to bring that claim for directly medical negligence.
Maher: All right. Well, that’s all really great information, Calder. Thanks again for speaking with me today.
Mellino: Absolutely. Thanks for having me.
Information About Mellino Law Firm
Maher: Yeah. For more information, you can visit the Mellino Law Firm website at mellinolaw.com or call (440) 333-3800.