Statute of Limitations Pertaining to a Foreign Object Left Inside of You
The Ohio statute of limitations for medical malpractice claims involving foreign objects left in the body is one year from the time it is discovered. In some cases, these mistakes are discovered shortly after surgery, while others may not be discovered for several days, weeks, months or even years. While you are allowed to file a claim after one year from the date of the incident, there is an overall limit to when it may be filed, regardless of discovery. An Ohio medical malpractice attorney can advise you of your rights.
Ohio Statute of LimitationsOhio law requires that the victim of medical malpractice inform the defendant of the intention to sue him or her within one year after the act occurred. The victim can file a medical malpractice lawsuit up to 180 days after the notice is filed. The time begins the day the action occurred.
But Ohio’s statute of limitations differs slightly if the lawsuit is based on a foreign object left inside the body. In this case, you have one year from the date of discovery, or from when the object reasonably should have been discovered, to file a lawsuit. However, there is not an unlimited discovery period. The lawsuit cannot be filed after four years from the time the act occurred, regardless of when the object was found.
So if an object was found three and a half years after a surgery, the victim has only six months to file a claim. If the object was found five years after surgery, no lawsuit can be filed because it would be after the four-year period in which claims are allowed to be filed.
Contacting a Medical Malpractice Lawyer in Cleveland
Mellino Law Firm is a law firm in Cleveland, Ohio, that can help with your case. Contact us today at (440) 276-3535 to make sure you file your medical malpractice claim within Ohio’s statute of limitations.