Legal Question in Medical Malpractice in Ohio
Ohio's medical malpractice length of period to file
Yes, I would like to know the time allowed to file a medical malpractice suit regarding the death of a spouse that died? How long would I have to file from the time of death?
Thank you
1 Answer from Attorneys
Re: Ohio's medical malpractice length of period to file
The statute of limitations for an adult plaintiff in Ohio is one year from the later of the date of the malpractice, the discovery of the malpractice (there is a whole body of case law regarding what is discovery), or the end of the physician/patient relationship. The one year can be extended by 180-days by delivering letters to the potential defendants informing them that you are considering bringing suit against them.
The statute of limitations for a wrongful death is two years from the date of death.
Medical malpractice actions seek compensation for the medical bills, pain & suffering, and other injuries that were suffered by the decedent prior to the death.
Wrongful death actions seek compensation for the surviving spouse, children or parents (if any) and other next of kin for the loss of their loved one.
I hope this is useful. If you have any more questions, or wish a consultation, please call me.
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