If you sustain an injury due to medical malpractice, there are deadlines for filing your claim and lawsuit. Missing the deadline means losing your right to compensation. Each state sets its own laws, called statutes of limitations, which determine the period you can seek compensation after suffering a personal injury. Here’s what you should know about the timing of bringing a claim under Ohio’s laws.

Ohio’s Statute of Limitations on Medical Malpractice Claims

Medical Malpractice Claim Filing Deadlines

Under Ohio law, you usually must file a medical malpractice claim or lawsuit within one year after the cause of action arises. This limitation applies to claims for dental, medical, chiropractic, and optometric negligence. Under certain circumstances, claims can be brought later than one year, but not later than four years after the act or failure to act that caused the harm.

Exception for Delayed Discovery

Ohio recognizes some personal injuries may not be discovered on the date the injury occurs. State law provides an exception to the one-year statute of limitations for delayed discovery. To benefit from this exception, you must prove by clear and convincing evidence that even though you exercised reasonable care and diligence, the injury was not discovered within the required period.   

Exceptions Due to Age or Mental Disability

When individuals with medical malpractice claims are minors or adjudicated as being of unsound mind, their right to file an action is protected. Their statute of limitations doesn’t start until they reach adulthood or are no longer mentally unsound. If there are two or more parties who have joint claims, and one is a minor or is unsound mentally, everyone asserting the joint claims receives the same protection.   

The best way to determine the date for when a claim for medical malpractice starts and ends is by consulting an experienced attorney. The personal injury attorneys at Miraldi & Barrett, Co. in Lorain, OH, have advised injured clients since 1949, ensuring deadline compliance and fair compensation. Visit their website to read client testimonials and call (440) 233-1100 to schedule a consultation.