The biggest things to keep in mind when faced with a medical malpractice issue are the statutes of limitations. A statute of limitations limits the amount of time that a person can take a medical malpractice case to court and lawfully ask for compensation. Statutes of limitations are different for children than they are for adults.
The Ohio statute of limitations for medical malpractice is one year from the time when the patient knew—or should have known—about his or her injury. Injuries to minors, such as birth injuries, have different statutes of limitations. When a child has been injured and there is the question, “do I still have time to have this investigated?” you should contact an experienced medical malpractice attorney to answer your specific question based on your specific facts.
Determining how long you have to file a medical malpractice lawsuit can be confusing, however. After all, who can rightly say the person “should have known” that an injury was a result of malpractice? It can get even more confusing when there has been a wrongful death as a result of medical malpractice.
For instances of pain and suffering caused by medical malpractice, you typically have a statute of limitations of one year. During that year, there are certain things that you can and cannot do to qualify for compensation for your suffering. That’s why it’s so important to talk to someone that has experience with medical malpractice cases.
If you are facing any of these questions concerning the statute of limitations for medical malpractice cases in Ohio, I encourage you to contact me today for guidance.
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