Medical malpractice cases in Columbus are among the most complex and time-consuming in personal injury law. Not only does a patient need to prove that they suffered harm after visiting a medical professional, but they must also prove that this harm violated the applicable standard of care.
It is not surprising that many cases take months or even years. However, Ohio laws limit when an injured person may bring a case to court. This law, called the statute of limitations, places a time limit on claims alleging medical malpractice. A failure to adhere to this law could leave you unable to pursue your claims for damages. By speaking with our knowledgeable attorneys, you can better understand how this legal deadline can impact your case.
Ohio’s Statute of Limitations Law
Every type of court case is subject to Ohio’s laws, and medical misconduct claims are no different. However, healthcare malpractice cases have their own legal deadline by which injured patients must abide.
According to
Ohio Revised Code §2305.113, patients must bring their cases to court no more than one year after the date of treatment. However, this time limit may extend to up to four years if the hurt person does not discover the injury until a later date.
Another way to extend this statute of limitations is by providing the defendant with a written notice of the intent to file a claim. Under the statute, this action gives patients an additional 180 days from the date of sending the notice to initiate a case in court.
Our team of attorneys can provide more information about the legal deadline in Columbus medical error cases.
How Could the Statute of Limitations Affect a Medical Error Claim?
On its surface, the statute of limitations serves as a way for a court to determine whether it has the jurisdiction to rule on a case. However, whether a plaintiff files within this time limit has a profound effect on the rest of the case.
This is clear when a claimant attempts to reach a negotiated settlement with the defendant’s insurance company. If their insurance company recognizes that the statute of limitations has expired, they will refuse to offer a settlement award. It is a common tactic for insurance companies to delay settlement talks in an attempt to run out the clock.
As a result, it is often necessary to pursue the claim as though you intend to take the case to trial, even if your goal is to reach a settlement. This can satisfy the statute of limitations if negotiations break down, but also help you approach settlement talks from a position of strength. Our
Columbus lawyers can explain the role that the statute of limitations can play on all parts of a medical malpractice claim.
Discuss the Statute of Limitations in a Columbus Medical Malpractice Case
The statute of limitations strictly controls when you may take a case to court to seek compensation after an instance of medical misconduct. Our knowledgeable and experienced attorneys can help you understand the purpose and effect of the statute of limitations on a Columbus medical malpractice case. We can also take the necessary steps to ensure that this time limit does not derail an otherwise solid case for compensation.
Reach out to our office today to learn more.
