QUESTION
what is the statute of limitions on a medical lawsuit?
Asked on Apr 16th, 2013 on Medical Malpractice - Ohio
More details to this question:
my husband had a heart attack, and was forced to leave his job on medical diability. his doctor never trated him for a heart problem after he complained to her on several occasions that he had chest pain. she stated after she found out he needed a quad heart surg that she would have never guessed this would happen because of the shape and age he was in.
1 ANSWER
The statute of limitations in Ohio for a medical malpractice claim is one year from the date the cause of action accrued. The cause of action accrues (and the one year period begins to run) from the latest of one of the following events: 1. the occurrence of the negligence; 2. the last date of treatment with the negligent doctor(s); or 3. when the injured party discovered or should have discovered that possible malpractice took place. It is the latest of these events that begins the running of the one year period.
That being said, there is a statute of repose, which states that a claim for medical malpractice is forever barred if it is not asserted within four years of the date of the alleged malpractice (there are a couple of exceptions, but very rare).
Best of luck.
Answered on Apr 16th, 2013 at 5:22 PM