Q. Suppose you are severely injured as a result of medical malpractice or hospital negligence. How long do you have to file your case against the negligent party/parties? In other words, what is the statute of limitations in medical malpractice cases in Ohio?
A. Under Ohio law, an action upon a medical claim “shall be commenced within one year after the cause of action accrued.” RC 2305.113. This applies to negligence claims against any type of healthcare provider.
Q. But when does the cause of action accrue?
A. The Ohio Supreme Court has held that a cause of action “accrues” upon the occurrence of a “cognizable event” (substituting another vague phrase). The cognizable event is “some noteworthy event which does or should alert a reasonable person-patient that an improper medical procedure, treatment, or diagnosis has taken place.”
In Norgard v. Brush Wellman, Inc., 2002-Ohio-2007, 95 Ohio St.3d 165, the Ohio Supreme Court held: “Discovery of an injury alone is insufficient to start the statute of limitations running if at that time there is no indication of wrongful conduct of the defendant.” Thus, two things must happen for the one year statute to start running: 1) Patient discovers that s/he is injured (usually–but not always–this is obvious); 2) Patient discovers that his/her injury was caused by the wrongful conduct of the defendant. It is thus the knowledge of the wrongful conduct that triggers the one year statute. Essentially there is a moment in time when a reasonable patient suspects that his/her physician did something wrong; that is the cognizable event as I understand it.
There is a provision in the statute that lets you extend the statute of limitations (SOL) by 180 days, which we refer to as a “180-day letter.” But don’t take any comfort in that because, if your 180-day letter is for any reason not perfected or you don’t serve the right parties, you’re SOL (alternative definition).
Also, there are exceptions to the rule. For example, the SOL does not run as to minors until the minor turns 18 years of age. And the SOL does not apply to mentally incompetent persons. And if medical negligence causes death of the patient, the wrongful death claim carries a 2 year statute of limitations.
TJB’s Comments:
Unlike motor vehicle accidents and wrongful death claims, which carry two year statutes of limitations, medical malpractice cases have a one year statute of limitations. So if you suspect medical malpractice (medical negligence), you should consult an attorney immediately. Understand that it takes us several weeks to gather necessary medical records and send them to experts for review. And there may be exceptions to these rules, so be sure to call and ask if you’re not sure. And don’t wait til the last minute!
