Last updated on August 4th, 2023
If you’re injured by a doctor, you may be entitled to compensation through a medical malpractice lawsuit. In Ohio in 2017, the most recent year for which data is available, there were more than 2,428 medical malpractice claims. About 644 of those resulted in payments; the total medical malpractice payouts for the year totaled more than $279 million.
As a general rule, the medical malpractice statute of limitations in Ohio is for one year. The one-year period starts to run from the date the injury occurred. So, for example, if a surgery went wrong, you have one calendar year from the surgery date to bring a claim against the hospital. Once a claim is filed, most Ohio medical malpractice lawsuits follow a consistent timeline.
Read on to find out about some of the nuances contained in Ohio’s medical malpractice laws.
“Medical malpractice” refers to mistakes made by doctors and other medical care providers. Sometimes, medical malpractice is obvious. In some cases, patients have been treated mistakenly for cancer when their test results were mixed up, had the wrong limb amputated, and had surgical instruments left inside them. In other cases, the malpractice is subtle and harder to detect. Perhaps the patient was prescribed the wrong medication or the pharmacy mixed up the prescription. Perhaps the doctor was tired and misdiagnosed a serious condition. Perhaps a surgeon made an error and caused an injury during surgery.
Medical malpractice may be either intentional or unintentional. Sometimes, doctors just make mistakes. They work long hours and their jobs are difficult. There are systems in place to prevent such mistakes, but sometimes those systems fail. On the other hand, medical malpractice may be intentional. For example, there have been several cases of con men taking positions as doctors without any medical training and causing serious injuries.
If you’re injured by a doctor’s error or omission, you may be entitled to compensation for your medical expenses, lost wages, pain and suffering, and decreased quality of life. In order to claim that compensation, you’ll need to file a medical malpractice lawsuit.
In order to win compensation from the court, you’ll need to show that the doctor, medical professional, or hospital is guilty of medical malpractice. Legally, a doctor is guilty of medical malpractice when she deviates from the reasonable standard of care for her patient. In other words, doctors are obliged to adhere to best practices and do their best to care for their patients. Not every medical error qualifies as medical malpractice; the error or omission must fall outside the standard of care. For example, if a doctor writes a prescription and a nurse fails to check that the prescription she gives you is the right one, that may qualify as medical malpractice.
In addition to showing that the doctor or medical professional made an error or omission, you’ll need to show that the error resulted in your injury. For example, if you didn’t suffer any negative consequences from taking the wrong medication, you don’t have a medical malpractice case.
Finally, the injury must be substantial. A medical malpractice suit is complicated; you’re going to need a lot of expert testimony and the lawsuit will take a long time. The longer the suit lasts, the more it’s going to cost. You may be able to sue for a relatively small amount, but it won’t be worth it. You won’t win enough to make the expense worthwhile. Typically, it’s worth your time to sue for medical malpractice if you’re facing substantial medical bills or will be missing a lot of work.
If you’ve continued to see the same doctor for the same issue, you have a year from the date that you ended your relationship with that doctor — the date of your last appointment.
AN EXPERT TIP FROM DOUG MANN
You may choose to continue to see the doctor who injured you for a number of reasons; that doctor is familiar with your case and may have ideas about how to remedy the situation. The law is designed so that you can give your doctor a chance to right the wrong without forfeiting your right to sue.
Within your 1-year statutory period, you may choose to send a notice to the doctor that you are looking into filing a claim. If you send that notice, you have 180 days from the date the doctor received that notice to file. That can give you an extra six months on top of the standard statute of limitations. In addition, you have the right to a “Rule 41(a) Dismissal,” in which you choose to dismiss your own case and refile it within one year. You can only exercise Rule 41(a) Dismissal one time.
A statute of repose is a sort of limit on the statute of limitations. In Ohio, the statute of repose for medical malpractice is 4 years. In other words, you must bring a suit within 4 years or you lose the right to sue. There are two exceptions. First, if you discover the injury after 3 years have passed but before the 4-year mark, you have a full year in which to bring a claim. Second, the statute of repose does not apply to situations in which a foreign object is left in your body during a procedure. If you discover an injury more than 4 years after the injury actually occurred, you generally don’t have a right to sue for medical malpractice.
Ohio allows two different types of wrongful death suits related to medical malpractice. First, the patient’s estate may sue for personal loss and suffering prior to death. Second, the spouse and next of kin may bring a wrongful death claim for pecuniary loss. These suits must be brought within 2 years of the patient’s death. In addition, wrongful death suits are not limited by the statutes of limitation and repose for medical malpractice. In other words, wrongful death suits may still be brought if the patient dies 5 years after the injury.
If you or a loved one has been seriously injured, don’t hesitate to seek legal counsel with us right now!
When pursuing a medical malpractice claim in Ohio, you need to understand potential caps on compensation that may affect your compensation. In Ohio, there are caps on certain types of damages in medical malpractice cases, which can determine the amount of compensation you may receive.
The Ohio Revised Code Section 2323.43 limits non-economic damages in medical malpractice cases to $250,000 or three times the amount of economic damages, whichever is greater. However, this amount cannot exceed $350,000 per plaintiff or $500,000 per occurrence in the case of multiple plaintiffs.
For cases involving catastrophic injuries, such as permanent and substantial physical deformity, loss of use of a limb, or a loss of a bodily organ system, the cap increases. In these instances, the limit is raised to $500,000 per plaintiff or $1 million per occurrence if there are multiple plaintiffs.
Whenever you have a medical procedure, you should keep careful records of any medical treatment you receive. That’s doubly true if you’re injured in the procedure; you should also record any time you’re forced to take off work and any other expenses you incur as a result of your injury.
Usually, this process involves a few steps:
The statute of limitations outlines the deadline for filing a medical malpractice lawsuit. In Ohio, the standard time frame is one year from the date the malpractice occurred or from the date the injury was discovered (Ohio Revised Code section 2305.113). However, this period can be tolled under certain circumstances.
If you didn’t realize you were injured right after the accident, the clock will begin when you discover the injury or should have reasonably discovered it. This rule accounts for situations where the harm caused by malpractice manifests after the initial incident.
Also, in the case of legal disability, the statute of limitations doesn’t count until the disability is no longer present. This means a minor must reach 18 or an unsound person be sound again.
Additionally, if a healthcare provider is imprisoned, the legal timeframe is tolled until they are out of prison. If the defendant runs out of Ohio, the clock will not tick until they return to the state.
An Ohio medical malpractice lawyer is key to guiding and advocating for your rights throughout the legal process. Here’s how they can help you when medical procedures go wrong:
The medical malpractice lawyers at Dyer, Garofalo, Mann & Schultz know the Ohio legal procedures for medical malpractice claims. They can evaluate the worth of your claim and pursue adequate compensation through the available legal avenues within the legal timelines.
If you’ve been injured by medical malpractice, you may be entitled to compensation. A medical malpractice lawsuit is complex and requires a lot of time. The sooner you file, the more time your attorneys have to put together your case according to the medical malpractice statute of limitations in Ohio. Contact an experienced attorney as soon as possible for a free consultation to discuss your case.
Before establishing Dyer, Garofalo, Mann & Schultz L.P.A., Doug Mann, a top Ohio Injury Attorney served as a bodily injury claims adjuster at a major insurance firm. With over 40+ years of experience, Doug’s background has proven invaluable in securing maximum cash settlements for his clients swiftly. Since leaving the insurance industry, Doug has devoted his entire legal career to assisting injured clients during their times of greatest need.
Facebook | Twitter | LinkedIn | YouTube
Doug Mann
Managing partner
The team did a superb job of keeping me in the loop in regards to my claim. Brittany did an amazing job as my paralegal, following up with me as soon as she had news on my case. I truly can’t thank the Dyer, Garofalo, Mann & Schultz firm enough. If you are looking for legal representation that will truly fight for you, these are the guys to go with!
I went into this entire situation not knowing what to expect. Sierra and David are wonderful. Very professional and always answered any questions I had. I hope to never need their services again but if I do, I know the firm I am going to call.
Mr Bruder and his assistants were extremely professional and knowledgeable. They kept me informed on the progress of my case. After all was done I received a settlement that was fair and reasonable. Would recommend their services 100%
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Doug Mann who has more than 20 years of legal experience as a practicing personal injury attorney.
If you or a loved one has been seriously injured, please fill out the form below for your free consultation or call us at 1.937.222.2222
call us: 1.937.222.2222