Are you the victim of negligence by a doctor or hospital? If so, you don’t have a lot of time to consider what action you want to take. If you wait too long, you’ll be legally barred from bringing your claim, no matter how seriously you were harmed!
Why all the rush? It’s because Ohio’s statute of limitations for medical malpractice claims is notoriously limited. Many people are familiar with the fact that Ohio grants the victims of ordinary personal injuries two full years to decide if they want to pursue a lawsuit.
For the victims of medical injuries, however, the law is different. If you were the victim of a botched surgical procedure, suffered a terrible misdiagnosis, or received treatment that left you worse off than before you started, you have just one short year to file your claim for damages. At the very least, you must give notice that you are thinking about filing a claim before you lose the right to do so forever.
There are some exceptions to the one-year rule in Ohio, but even those are also quite limited and don’t offer much relief to those injured by bad medicine.
For example, there’s an exception in the law that says that the one-year time limit for malpractice claims doesn’t start counting at the date of injury if a victim doesn’t immediately know that he or she is injured. This delayed awareness commonly happens in cases of surgical malpractice or misdiagnoses.
However, the court will look at your case and try to determine when it thinks you should have reasonably known that you were injured. The date the court settles on could be a lot sooner than you actually did! Whatever date the court sets is the date that starts that one-year countdown and controls your right to pursue justice.
If you believe that you may be a victim of medical malpractice, don’t hesitate to contact an attorney and discuss your case. The sooner you act, the better you can preserve your rights and protect your future.