Legal Question in Medical Malpractice in Ohio

You can consult with an experienced Medical Malpractice attorney to determine if there is merit to your claim. When performing a medical procedure, a doctor has a duty to conform his or her conduct to the applicable professional standard of care. A Med Mal attorney will help you determine if the doctor conformed his or her conduct to the standard of care, or, if he or she were negligent.

Med Mal claims are costly to bring and notoriously difficult to win at trial, so it is important you consult only with an attorney who focuses his or her practice on medical malpractice. Most med mal attorneys will offer to consult with you at no cost to determine if you have a valid claim.

The statute of limitations for an adult for a medical claim in Ohio is 1 year from the date of the negligent act that causes injury, discovery of the injury, or the termination of the doctor-patient relationship for the medical condition that required the treatment, whichever date is the latest. It sounds like your injury in 2007 may be barred by the statute of limitations, unless, a couple of exceptions can be proven. First, if you are a minor the statute was tolled until you turn or turned 18 in which event you had or have until your 19th birthday. If you are of "unsound mind" due to the injury and it can be shown that you are disabled and have been disabled since the injury the statute of limitations is tolled while you are under a disability. If you are still treating with the doctor for the injury you may still have an open statute but there is another trap, called the statute of repose. This establishes a maximum period of 4 years even if you have not terminated your relationship with the defendant. You should talk to someone that has the necessary experience in this area so determine if it is too late to do anything for you.