What Is The Statute Of Limitations For Medical Malpractice?

The Legal Stopwatch: How Statute Of Limitations Can Shape Your Medical Malpractice Case

If you have been harmed by a medical error or negligence in Ohio, you may be wondering how long you have to file a lawsuit against the responsible party. The answer is not as simple as it may seem. There are different laws and rules that govern the medical malpractice statute of limitations in Ohio, depending on the circumstances of your case.

In this article, Karp Steiger Co., LPA will help explain what the statute of limitations for medical malpractice in Ohio is, how it works, and what exceptions may apply to your situation. Join us on this journey to uncover what lies behind the ticking legal clock that governs medical malpractice claims.

Here’s a quick rundown of what you need to know about statute of limitations for medical malpractice:

• The statute of limitations for medical malpractice determines the time limit for filing a lawsuit against a healthcare provider.
• In Ohio, the general statute of limitations for medical malpractice cases is one year from the date of the alleged malpractice.
• Exceptions to the statute of limitations in Ohio include the discovery rule, the statute of repose, and tolling provisions for minors, mental incapacity, fraudulent concealment, continuous treatment, and foreign objects.
• Missing the statute of limitations deadline can result in the loss of legal remedy, a bar to recovery, the defendant’s defense, and prevention of future claims.
• Consult with a medical malpractice attorney promptly if you believe you have a valid medical malpractice claim to avoid missing the deadline.

What Is The Statute Of Limitations For Medical Malpractice?

The statute of limitations for medical malpractice refers to the legal time limit within which an individual can file a medical malpractice lawsuit against a healthcare provider or medical institution. This statute varies from one jurisdiction (state or country) to another, but it typically ranges from one to three years from the date when the alleged medical malpractice occurred or from the date when the patient should have reasonably discovered that malpractice had occurred.

Ohio’s Medical Malpractice Statute Of Limitations

In Ohio, the general statute of limitations for medical malpractice cases is one year from the date of the alleged malpractice. The one-year time limit begins to run when:

• The medical malpractice occurred;
• The plaintiff, through the exercise of “reasonable care and diligence,” should have discovered the injury; or
• The physician-patient relationship has been terminated

However, if you officially notify the potential defendant that you’re thinking about filing a medical malpractice lawsuit before the deadline (by certified mail with a return receipt requested), the one-year time limit might be extended. You have up to 180 days from the time the healthcare provider receives the notice to file the lawsuit.

Are There Exemptions To The Statute Of Limitations?

The legal landscape of statute of limitations is rarely one-size-fits-all, and exceptions often exist to accommodate unique circumstances and ensure justice prevails. These exceptions, while not common, can play a crucial role in allowing individuals to pursue legal remedies even after the standard timeframes have elapsed.

Here are scenarios that may potentially extend or circumvent the statute of limitations applicable to your unique case:

Discovery Rule

The discovery rule determines when the statute of limitations begins to run. The rule recognizes that in certain situations, it may be unfair to start the clock on the statute of limitations from the date of the alleged wrongful act or injury because the plaintiff may not immediately discover that they have been harmed. Instead, the statute of limitations is triggered when the plaintiff discovers or should have reasonably discovered, the injury or harm.

Here’s how the discovery rule works in Ohio for medical malpractice cases:

• Discovery of the Injury: The one-year statute of limitations may start running from the date when the patient discovered, or reasonably should have discovered, that they were a victim of medical malpractice. This is often the date when the patient became aware of the injury or harm caused by the medical treatment.
• Reasonable Diligence: Ohio courts consider whether the patient exercised reasonable diligence in discovering the malpractice. If the patient, through reasonable efforts, could not have discovered the malpractice within one year of the incident, the statute of limitations may be extended.
• Date of Last Treatment: If the alleged malpractice occurs during a course of treatment that extends over a period of time, the statute of limitations may begin to run from the date of the last treatment related to the alleged malpractice.

The discovery rule acknowledges the complexities of medical cases and strives to strike a balance between the interests of patients seeking justice and the need for timely legal actions.

Statute Of Repose

The statute of repose for medical malpractice limits the time period for filing a lawsuit against a healthcare provider who caused harm or injury to a patient. The statute of repose is different from the statute of limitations, which is the time limit for filing a lawsuit after the injury is discovered or should have been discovered.

The statute of repose sets a maximum time limit of four years from the date of the negligent act or omission, regardless of when the injury is discovered unless there are certain exceptions. If a patient is injured by a medical error or negligence they have four years to file a lawsuit, even if they do not find out about the injury until later. If they do not file a lawsuit within four years, they lose their right to sue forever.

The statute of repose for medical malpractice in Ohio has some exceptions that may extend the time limit for filing a lawsuit. These include:

• If the patient could not have reasonably discovered the injury within three years after it happened, but they do discover it before the end of the four-year period, they have a full year in which to bring a claim.
• If the injury is related to a foreign object that was left in the patient’s body during a medical procedure, they have up to one year after they discover or reasonably should have discovered the foreign object, even if the four-year period has expired.
• If the patient’s minority (under age 18), disability (mental or physical), fraud or concealment by the defendant, or presence of a foreign object in the body pauses or delays the running of the statute of limitations, then the statute of repose is also paused or delayed until the tolling provision ends.

These are some of the main aspects of the statute of repose for medical malpractice in Ohio. There may be other factors or nuances that affect your specific case. It is advisable to consult with our medical malpractice lawyer as soon as possible if you think you have been harmed by a healthcare provider’s negligence.

Tolling Provisions

Tolling provisions in Ohio law can temporarily suspend or “toll” the running of the statute of limitations in certain situations. These provisions are designed to accommodate specific circumstances where it may be unfair or impractical to enforce the standard time limits for filing a lawsuit. Here are some common tolling provisions in Ohio:

• Minority Tolling: If a person is a minor (under 18 years of age) at the time of a medical malpractice incident, the statute of limitations is typically tolled or paused until they reach the age of majority (18 years old). This means that the one-year statute of limitations for medical malpractice may not begin until the individual turns 18.

However, there is often an overall cap on this provision, ensuring that a lawsuit cannot be filed more than a certain number of years after the alleged malpractice occurred, even if the patient was a minor at the time.

• Mental Incapacity Tolling: If a patient is mentally incapacitated at the time of the alleged medical malpractice, the statute of limitations in Ohio may be tolled until they regain capacity or a guardian is appointed to represent their interests.
• Fraudulent Concealment: In cases where a healthcare provider has fraudulently concealed information related to the malpractice, Ohio law may allow the statute of limitations to be tolled until the patient discovers, or reasonably should have discovered, the fraudulent concealment.
• Continuous Treatment: Ohio also has a continuous treatment doctrine, which means that if a patient is under the continuous care of the same healthcare provider for a particular condition, the statute of limitations may be tolled until the last treatment related to that condition is provided.
• Foreign Object: In cases where a foreign object is left in a patient’s body during a medical procedure, the statute of limitations is typically tolled until the patient discovers or should have discovered the presence of the foreign object.

Tolling provisions can be complicated and confusing. If you believe you have been a victim of medical malpractice in Ohio, our medical malpractice attorney can offer advice and evaluate the applicability of tolling provisions based on the facts of your case.

What Happens If I Missed The Medical Malpractice Statute Of Limitations Deadline?

If the medical malpractice statute of limitations deadline has passed in your case, it can significantly impact your ability to file a lawsuit seeking compensation for injuries or damages resulting from medical negligence. Here are some common consequences when the statute of limitations has expired:

Loss Of Legal Remedy

The most significant consequence is the loss of your legal remedy. Once the statute of limitations has expired, you generally cannot file a medical malpractice lawsuit related to the incident in question. The court will likely dismiss your case if it is filed after the deadline has passed.

Bar To Recovery

Even if you have strong evidence of medical malpractice, it may not be admissible in court if the statute of limitations has expired. This means that you may not be able to recover compensation for medical expenses, pain and suffering, lost wages, or other damages.

Defendant’s Defense

Healthcare providers and their insurers will likely raise the statute of limitations as a defense if you file a lawsuit after the deadline has passed. Courts typically uphold the statute of limitations as a fundamental legal principle.

Exceptions And Tolling

In some cases, there may be exceptions or tolling provisions that allow for the statute of limitations to be extended or “tolled” in certain circumstances. For example, if you did not discover the malpractice until a later date or if you were under a legal disability (such as being a minor or incapacitated), you may have grounds for an exception. Consult with our legal team to determine if any exceptions apply to your case.

Settlement Negotiations

In some situations, healthcare providers or their insurers may be willing to negotiate a settlement even after the statute of limitations has passed. However, this is typically rare, and they are not legally obligated to do so.

Prevention Of Future Claims

Allowing the statute of limitations to expire prevents you from pursuing legal action against the healthcare provider for the same incident in the future. It’s crucial to act promptly if you believe you have a valid medical malpractice claim.

To avoid missing the statute of limitations deadline in a medical malpractice case, consult with our medical malpractice attorney as soon as possible after the alleged malpractice occurs or after you discover the injury.

Your Legal Lifelines In Determining Medical Malpractice Statute Of Limitations 

While the statute of limitations presents a legal constraint, your journey toward healing and closure continues. Exploring the available options and seeking the support and guidance of Karp Steiger Co., LPA can be instrumental in your recovery process. Remember that you have the right to pursue justice and make your voice heard, and there are resources and legal help who can assist you along the way.

If you find yourself facing the aftermath of medical malpractice, personal injury, sexual abuse, or workers’ compensation – whether you are pursuing legal action or exploring other avenues, Karp Steiger Co., LPA can provide emotional support and legal guidance. Contact us today for a risk-free consultation!