In Ohio and Kentucky an injured patient or family typically has one year to bring a medical malpractice claim. That same limitation applies to similar cases, like those involving dental or nursing home negligence. But one year from when – that is one example of where things can get tricky. In many instances, the event which starts the clock ticking is obvious – for example, a loved one suffers a wrongful death due to a surgical mistake or medication error. But at other times the one year clock can start at a point in time after the negligence occurred. And the time limitations can be different for different doctors and hospitals that treated the same patient for the same condition, depending on the specific facts of the case. In Ohio there is a way to extend the time limit by six months, but that can be a trap if not done correctly. Ohio also has a 4-year so-called “statute of repose” that can terminate a valid claim regardless of if or when the patient or family learned of the mistake.
Time limitations in medical malpractice cases are short, sometime tricky, and potentially disastrous to a valid claim for malpractice or wrongful death. The best practice is to consult with an experienced attorney at the very first opportunity. It can be difficult for a lawyer to take on a case – even one which looks strong – if too little time is left for investigation and analysis.
With medical, hospital, nursing home and dental malpractice claims, you need to act quickly.
To discuss your case, call or text 513-287-7447, or email mark@markbsmithlaw.com.
