Legal Question in Medical Malpractice in Ohio

Statute of limitations?

My daughter died at birth in October, 1992. I have had asthma since I was younge. I have researched the meds that I have been on since I was a child and I have reason to believe that the hospital and doctors that I saw were neglegent to my condition. I did have an attorney, from 1992 to 1995, but he would not pursue it any farther unless we paid him a large amount of money first. I could not so I dropped it. But since I have done research on my own I feel stronger that something could have been done to prevent her death. But it has been 9 years now and I am not sure if I am even able to do persue this if I wanted to. Do I have the right to persue this after so long? Is there a statute of limitation that prohibits me from re-opening the case?


Asked on 6/20/01, 2:37 pm

1 Answer from Attorneys
Melissa Lipchak Melissa R. Lipchak, Attorney at Law

Re: Statute of limitations?

The statute of limitations for a wrongful death action is two years from the date of death or two years from when a reasonable person would be put on notice that there was a need to investigate a potential claim (date of discovery). The time of the retention of attorneys would probably be construed as the date of discovery. Unfortunately, I believe that your cause of action is barred by the statute of limitations.

Read more
Answered on 6/29/01, 1:06 pm


Related Questions & Answers

More Medical Malpractice Law questions and answers in Ohio