The Ohio statute of limitations for medical malpractice claims involving
foreign objects left in the body is one year from the time it is discovered.
In some cases, these mistakes are discovered shortly after surgery, while
others may not be discovered for several days, weeks, months or even years.
While you are allowed to file a claim after one year from the date of
the incident, there is an overall limit to when it may be filed, regardless
of discovery. An Ohio medical malpractice attorney can advise you of your rights.
Ohio Statute of Limitations
Ohio law requires that the victim of medical malpractice inform the defendant
of the intention to sue him or her within one year after the act occurred.
The victim can file a medical malpractice lawsuit up to 180 days after
the notice is filed. The time begins the day the action occurred.
But Ohio’s statute of limitations differs slightly if the lawsuit
is based on a foreign object left inside the body. In this case, you have
one year from the date of discovery, or from when the object reasonably
should have been discovered, to file a lawsuit. However, there is not
an unlimited discovery period. The lawsuit cannot be filed after four
years from the time the act occurred, regardless of when the object was found.
So if an object was found three and a half years after a surgery, the victim
has only six months to file a claim. If the object was found five years
after surgery, no lawsuit can be filed because it would be after the four-year
period in which claims are allowed to be filed.
Contacting a Medical Malpractice Lawyer in Cleveland
Mellino Law Firm is a law firm in Cleveland, Ohio, that can help with your case.
Contact us today at (440) 333-3800 to make sure you file your
medical malpractice claim within Ohio’s statute of limitations.