Popular searches:
can i sue a hospital? dental medical malpractice medical injury lawyers
Talk to a Lawyer
Enter a zip code to speak to a Lawyer that serves your area.
Select the type of Lawyer you need
Ohio Medical Malpractice Statute of Limitations
For people who may have suffered injury or death due to the malpractice of a medical professional, all states have laws governing when and how former patients can seek economical and pain and suffering damages. Some states leave the doors wide open for a judge to determine on a case-by-case basis. However, others have very strict guidelines that limit the amount of damages, regardless of the circumstances. Ohio is one such state.
Time Limits for Filing a Claim in Ohio
The Ohio statute of limitations on malpractice claims is probably one of the most stringent of all the states. Notice must be given to those being sued within one year of the act or lack of care. The lawsuit must be filed within 180 days after notice is given. Within one year of the time a foreign object left in the body should have been discovered, the lawsuit must be filed. However, the lawsuit still cannot exceed a four-year statute of limitations. If the individual is a minor, a malpractice suit must still be filed within four years.
Negligence Laws
In Ohio, the amount awarded to the plaintiff can be adjusted to include the amount to be paid from collateral resources. In other words, those who file suit cannot get damages from the defendant and receive damages for the same event from another source. For further details regarding Ohio law, see below:
|
Code Section |
2315.19 |
|
Comparative Negligence |
None |
|
Contributory Negligence-Limit to Plaintiff's Recovery |
Contributory negligence not a bar recovery if negligence was not greater than combined negligence of persons claimant seeks recovery and all other persons claimant does not seek recovery. Damages diminished in proportion to claimant's fault. |
|
Contribution Among Tortfeasors |
Yes; §§2307.31, 33 |
|
Uniform Act |
2307.31, 2307.33 |
Award Limits in Ohio
Ohio also has strict limit on the amount to be awarded for each malpractice suit. Non-economical damages have a cap of $250,000, or three times the amount of the economic loss. Economic consideration is also limited to no more than $350,000 per plaintiff or $500,000 per event.
Legal Help
No matter what state you live in, legal help for a malpractice claim is advisable. If you are going to have ongoing medical bills, or you have lost someone who brings home a paycheck, you deserve to have the compensation needed to help your family survive. A malpractice lawyer can make sure all of the legal issues are covered and you get the restitution you deserve.