One of the most important elements in your
medical malpractice claim is Ohio’s Statute of Limitations. If you are filing a claim
in Cleveland, the law says that you have up to one calendar year from
the date of injury to file your lawsuit.

According to S.B. 281, the claim must be filed within a year after the
“cause of action” occurs. This “cause of action”
is either the discovery of the resulting injury from malpractice or the
termination of the physician-patient relationship, whichever event occurs later.

When written notice is provided to the defendant within the limitation
period, and then the claimant has 180 days to bring action against the
defendant. There is also a four-year statute of limitations, which is
for claims that result from ‘acts or omissions’. Within that
period, a claim can be brought at anytime, provided that it also remains
within the one-year statute for discovery of negligence or malpractice.

If a loved one dies as a result of
medical malpractice, his or her family may file a
wrongful death claim up to two years from the death.

If you have questions about
medical malpractice or
wrongful death, contact us today at (440) 333-3800 for a
free consultation.