While your child is a minor (under 18 years of age), the statute of limitations is tolled, which means that the clock hasn’t yet started ticking. Once your child reaches age 18, he or she will generally have one year to file a medical malpractice claim. This can vary depending upon the type of injury when the injury was discovered, and if the child gave notice of intent to file a lawsuit to the defendant. In the latter instance, the claimant has an additional 180 days from the time of the notice to file the claim.
Note that there is also a maximum four-year deadline for filing. This may be extended up to a year when the claimant couldn’t have discovered the injury within three years after its occurrence, but, in the practice of reasonable care, notices the injury before the expiration of the four-year period.
If you have questions about medical malpractice, attorney Chris Mellino welcomes you to contact our Cleveland office for a free consultation. You may also download or request Chris’ free, easy-to-read guide to filing a claim in Ohio.