Ohio residents may benefit from learning more about the state laws that regulate how medical malpractice is handled in the state. The Ohio statute of limitations on malpractice incidents that involve chiropractic, optometric, dental or medial services is one year from the date that the incident occurs. According to state law, as long as the claimant issues written notice of the claim to the subject within that first year, any action on the claim may be taken within 180 days following the date of notice.
Unless the victim is a minor or possesses impaired mental capacity,Ohio statutes prohibit anyone from taking action against malpractice more than four years after the incident occurs. If legal action on a claim is not initiated within that four year timeframe, any future action is prohibited by state law. If a victim discovers a medical injury in a reasonable fashion within three years from the treatment, they are afforded no more than one additional year to take legal action.
People who suffer from retaining a foreign object in the body have up to one-year from making the discovery to file a medical claim. Ohio describes medical claims as civil action against a physician, hospital or other related parties. These claims may pertain to an act, omission or misdiagnosis. The aforementioned provisions also apply to derivative claims, described as civil action taken by immediate relatives of the subject.
People who need assistance with filing a medical malpractice lawsuit often benefit from seeking legal counsel. Lawyers may be able to investigate the incident and help expedite the process of filing the claim. Legal representatives might also be able to help assess the damage and evaluate the appropriate amount of restitution to help compensate for medical expenses, corrective treatment, loss of income or other related hardships.
Source: Ohio Laws and Rules, “2305.113 Medical malpractice actions.“, September 12, 2014