Medical malpractice can occur for a variety of reasons, but when it leaves you or a loved one dealing with a significant injury, it can feel overwhelming. To get compensation, you need to understand how much time you have to file a claim. This is where the Ohio medical malpractice statute of limitations comes in.
The laws surrounding this statute of limitations are complex, and there are many exceptions. Some of the exceptions might even have their own exceptions. It’s usually a good idea to hire a medical malpractice lawyer to help you understand the laws and what your case requires.
What Is Medical Malpractice?
Medical malpractice occurs when a medical provider breaches the standard of care, whether through negligence or willful misconduct, and causes harm to a patient. Sometimes these injuries are obvious, and sometimes they take many years to become apparent.
Injury claims from medical malpractice can occur frequently, with 1,839 claims filed in Ohio in 2023. In 2025, providers in the U.S. reported over 10,000 malpractice payments. Each of these situations is unique, though, and can require different things.
While medical malpractice can be committed by a doctor or surgeon, they are not the only ones. Nurses, specialists, hospitals, and other healthcare workers and entities can be held responsible for malpractice. Determining who to file a claim against is an important part of pursuing compensation for your case.
Time Limits for Medical Malpractice
Ohio’s medical malpractice laws set the time limits for pursuing compensation in a malpractice case. There are two important deadlines you should be aware of:
- Statute of limitations. One year from the date of the alleged malpractice, when it was (or reasonably should have been) discovered, or when you stopped seeing that provider
- Statute of repose. Four years from the date of the alleged malpractice
The statute of limitations is the time limit you usually have for filing a claim. It includes provisions to account for injuries that might not be discovered immediately, allowing you to still pursue compensation. If you wait until after this one-year period expires, your claim is likely to be denied.
The statute of repose sets a hard limit for when claims can be initiated. This means even if you discover an injury five years after it was caused, you may not be able to file a claim.
There are exceptions to both of these rules, although the statute of repose is stricter. You should understand these exceptions to know if you might qualify for them.
Exceptions to the Deadlines
One major exception to both filing deadlines is cases where foreign objects are left in the body, often during a surgery. These injuries can be severe and even present life-threatening complications. As such, the countdown for the deadlines typically begins once the object is discovered, regardless of whether it has been more than four years.
Under the statute of limitations, exceptions can be made for injuries that are discovered later. Notifying the medical provider of your intent to file a claim could also give you more time under the law to begin the filing process.
Individuals who are considered of unsound mind will also not immediately be subject to the deadlines. Instead, they will take effect once the individual is considered of sound mind.
Finally, cases involving wrongful death have a distinct statute of limitations under Ohio law, meaning you may have more time to file a claim if a loved one dies due to medical malpractice.
Given the many possible exceptions, understanding where your case falls can be tricky. You might want to work with an Ohio medical malpractice attorney to help you figure out what your options are and how much time you have. Consulting a lawyer quickly gives you more time to consider options and gather evidence before you hit the statute of limitations.
FAQs
What Must Be Proven to Win a Medical Malpractice Claim?
To be successful with a medical malpractice claim, you must prove that the medical provider in question breached the standard of care in your case and that this breach caused injury to you. There are many rules that govern these cases, and proving them can be difficult, so you will likely want to work with an experienced medical malpractice lawyer to get help with doing so.
What Is the Difference Between Medical Negligence and Medical Malpractice?
Medical negligence can be included under medical malpractice and involves a provider causing harm to a patient through negligent actions. Malpractice can cover many types of harm, and often involves a willful or knowing breach of care. Providers who commit medical negligence can still be held liable for harm that they cause.
Why Is There a Statute of Limitations for Medical Malpractice?
In general, statutes of limitations exist to set reasonable limits on how long a civil claim can be brought forth. After a significant time passes, it becomes much more difficult to gather the proper evidence and find valid witnesses. It also protects people from having to worry about mistakes they made years, sometimes decades, ago.
Is There an Exception to the Statute of Limitations for Children in Ohio?
Yes, under Ohio’s medical malpractice laws, injuries to children can create an exception to the statute of limitations. Typically, the 1-year and 4-year periods of limitation and repose, respectively, will not begin until the child turns 18. However, parents who know or suspect their child was harmed by medical practice should still act quickly to boost their chances of success.
Hire a Medical Malpractice Lawyer From Lallo & Feldman, Co., LPA
With over 100 years of combined experience in law, including injury cases, our team has the knowledge and compassion needed to support your case. Medical malpractice in the Buckeye State is a serious concern that can result in significant injuries. Unfortunately, Ohio ranks 10th in the United States for the number of malpractice claims filed.
Come to our practice when you need support filing a medical malpractice case. You deserve to be compensated for any injuries you may have experienced. Contact our team today to tell us more about your case. Together, we can make a plan to advocate for your rights and needs.
