Med Mal Statute of Limitations Ohio

Added: (Tue Feb 23 2010)

Pressbox (Press Release) - In Ohio there is just one year from the date of medical negligence to file a claim. There is one exception to this, and that is if the case involves a minor.

Medical malpractice has racked up some disturbing numbers over the years. Take the fact, for instance, that up to 7,000 people die every year from errors relating to prescription medications. Other medical mistakes, too numerous to mention, may kill close to 98,000 Americans yearly. This tends to give people pause for thought before they go to a doctor. It’s even more of an eye opener to realize that med mal may be killing more people annually than AIDS, cancer or traffic accidents.

In Ohio, the law relating to medical malpractice lawsuits states there is one year from the date of the medical negligence to file a claim. The one exception relates to the victim of med mal being a minor and if it is a minor involved, additional time is granted under the statute of limitations.

“The most important thing when dealing with this type of lawsuit is that even if a medical error doesn’t happen to be fatal, it may result in disfigurement, amputation, brain injury, paralysis, or disability. Medical malpractice takes a huge toll on its victims,” stated Christopher Mellino, of the Mellino Law Firm LLC in Cleveland, Ohio.

Med mal is usually the result of a physician failing to act with a reasonable standard of care. “Look at it this way in order to understand it,” explained Mellino. “When someone who isn’t a medical professional commits an error, they are considered to have acted negligently. Medical malpractice is negligence committed by medical personnel,” he added. It’s more than just “negligence” that might result in perhaps a minor injury; it’s a mistake with severe or deadly consequences.

Many cases of med mal are easily recognized. For example, a surgeon who amputates the wrong leg for a patient; gives medication to the wrong patient; or performs surgery on the wrong person. While these types of cases tend to stand out, there are other types of med mal that aren’t that obvious. For instance, not warning a patient of the serious risks involved in a treatment they may require.

“What this all boils down to is that a patient may have a med mal claim if a medical professional didn’t provide the proper treatment, and that caused the patient to suffer a new injury as a result of the improper treatment. Note I said new, because the law required evidence of a ‘new’ injury,” commented Mellino.

Given the complex nature of medical malpractice lawsuits, it is wise to speak to a dedicated and highly skilled medical malpractice lawyer immediately. Don’t wait too long or the victim may lose the right to file a lawsuit.