Medical Malpractice Attorney Explains Time Sensitivity of Ohio Claim May 12, 2012.
In Ohio and almost all other states, any personal injury action must be filed within a certain window of time after the "cause of action" takes place. A "cause of action" is defined as "a claim sufficient to demand judicial attention," such as the car accident that causes a number of injuries or the medical error that creates the circumstances of a medical malpractice claim.
To ensure that you meet the deadline for filing a claim, you should consult with a medical malpractice attorney.
Understanding the Statute of Limitations for Medical Malpractice Cases
This time limitation for filing a claim is known as the statute of limitations, and it’s a common legal instrument applied to most cause of actions in both civil and criminal legal procedure.
For instance, certain crimes have a statute of limitations that makes it impossible to prosecute a case against a suspect more than a certain number of years after the crime has been committed or since the crime should have been reasonably discovered. Certain crimes, such as murder, have no statute of limitations.
On the other hand, statutes of limitations also apply to civil actions. Ohio’s statute of limitations on a medical malpractice action is only 1 year which means that you must file your claim within 1 year of the cause of action of the claim.
If the medical malpractice results in a death, then 2 claims exist – the original medical malpractice claim that was or would have been filed by the victim, and a wrongful death claim that can be pursued by the survivor of the deceased.
Wrongful death claims have a slightly longer statute of limitations but it’s not much – a claimant has 2 years from the cause of action to file a wrongful death claim, but the medical malpractice claim must still be filed within the original 1-year statute of limitations.
For help filing your claim, call us today at(440) 333-3800!
When you or someone you love is injured by a doctor, pharmacist, surgeon, or other healthcare provider, you may consider filing a medical malpractice claim to seek compensation for the damages that you and your family sustained because of the provider’s negligence.
Extensions and Exceptions of the Statute of Limitations for Med Mal
Although there are some ways that you can toll – or extend – the statute of limitations through certain circumstances, you can also buy more time to file your claim by filing written notice with the defendant of your intention to pursue a medical malpractice claim. After doing so, you have approximately 180 days to file the complaint against the defendant.
The statute of limitations can also be tolled for certain reasons, such as if the victim is a minor or the defendant has declared bankruptcy. Finally, the discovery rule applies when the injury isn’t discovered for a number of months or years. If an individual doesn’t know that he or she has been injured by the provider, then it’s implausible that a claim can be filed in a timely fashion.
So, the discovery rule allows plaintiffs to file a claim when the cause of action has been discovered, or should have been reasonably discovered.
Getting Help from a Medical Malpractice Attorney in Ohio
If you or someone you love has been injured by a health care provider’s negligence or failure to adhere to the safety regulations and standards of the medical community, your family may be entitled to compensation for certain incurred expenses.
Contact Mellino Law Firm to schedule a free consultation with a medical malpractice attorney, in which you will receive a case evaluation and have the opportunity to ask any questions about the claims process or the qualifications of the attorney with whom you are speaking.