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What are the time limits for filing medical malpractice claims?

Whether it is for a routine procedure in to address a more serious injury or illness, when you seek medical treatment in Ohio, you are putting your health and care in the hands of those treating you. Unfortunately, however, sometimes medical mistakes occur, and as a result, you may suffer a serious injury or illness. If you have suffered harm due to mistakes or negligence on the part of a health care provider, you may consider acting to obtain financial compensation for your associated losses. You do not, however, have an unlimited amount of time in which to make your decision or initiate your case. Therefore, it is important for you to understand the statute of limitations for medical malpractice claims in Ohio.

A statute of limitations is a law specifying the maximum time in which the parties involved can initiate legal proceedings. Should you fail to act before the clock runs out, your right to file a lawsuit, and thus obtain compensatory damages, may be lost.

According to Ohio state law, medical malpractice lawsuits must be brought within one year of the date when the injury or illness was discovered or reasonably should have been, or within 180 days of giving written notice that you are considering filing a claim. This is the case provided the notice is given before the expiration of the one-year statute of limitations.

With few exceptions, you must bring actions for medical, optometric, dental or chiropractic malpractice not more than four years after the cause of action for your lawsuit occurred. This is the case regardless of when your injury or illness was suffered or discovered.

This post contains information that should be considered for general purposes only and should not be taken as legal advice.

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