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What are the statute of limitations for medical malpractice?

On Behalf of | Nov 24, 2019 | Medical Malpractice |

Ohio residents trust their medical practitioners to follow the Hippocratic oath. Unfortunately, sometimes they make mistakes that cause injury to their patients. The state has a statute of limitations dictating when someone can file a case against a healthcare provider for medical malpractice.

The Ohio Court of Common Please Title 23 Chapter 2305 Section 113 limits the time frame to “one year after the cause of action accrued.” The law further limits claimants from filing a claim after four years from the occurrence. However, this does not apply to those who are of unsound mind or minors.

Should the person discover the injury within three years of the occurrence, they may still be able to file a claim. This includes both omissions and acts on the part of the practitioner. A person may file a claim against a medical doctor, chiropractor, hospital, residential facility, physical therapist, their employees and even emergency medical technicians.

NOLO mentions that Ohio requires claims to include an Affidavit of Merit for medical malpractice lawsuits. Failure to include the affidavit can result in the court dismissing the case completely. However, there are certain conditions where the affidavit is not necessary but those are limited.

The Affidavit of Merit requires a licensed health care professional such as a doctor to swear under oath their opinion on a person’s case. They must believe that the standard of care was not met causing an injury to the patient. In addition, the professional must know the applicable standard of care for the specific treatment in question and have reviewed the plaintiff’s records.