Legal Question in Medical Malpractice in Ohio
malpractice
howlong does one have to file this type of action,after the occurence?
3 Answers from Attorneys
Re: malpractice
The time limit for starting a Med Mal (or medical negligence)case in Ohio is one year. That is the simple answer. The answer is not that easy because there are a number of things that can effect the actual amount of time. The law generally says one year from the date of the mal practice or one year from the date that the victim became aware of mal practice or through the exercise of reasonable diligence, should have become aware of it. The age of the victim also makes a difference. Whether not the victim continues to treat with the doctor who made the mistake can effect the time. If the Doctor leaves the state, that can make a difference. the best thing to do is to talk directly to an attorney as soon as possible. You should do this even if you think that you are out of time. Most attorneys who handle these cases will be happy to talk to you for free and help you decide. I have been handling these types of cases for over 30 years and will be happy to discuss this with you if you call or email me your contact information. No charge or obligation. In any event-don't try to use the limited information that I have given you to determine if you are out of time. Contact an attorney right away! take advantage of the free advice! Good Luck DHD
Re: malpractice
You must give notice to the defendant within 1 year of the occurrence, and then you have 180 days after the notice in order to file your lawsuit.
Re: malpractice
You have one year from the date of the malpractice, or one year from the date you should have reasonably discovered the malpractice. In this area of law please know many lose their rights due to the short term of the limitation. Please contact a lawyer today or me personally so you do not lose your claim.
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