When medical care causes harm instead of healing, most people are left with questions, and emotional and financial stress, while trying to understand what happened. Unfortunately, Ohio law does not pause while those questions are being sorted out. Our experienced lawyers and staff at Lardiere McNair & Stonebrook stand ready to assist you in getting the answers you need.

If you suspect medical negligence, waiting too long to seek legal help can destroy your ability to act, even if the mistake was serious and long-lasting.

Ohio’s Medical Malpractice Clock Starts Ticking Fast

Ohio medical malpractice claims move fast: in most situations, the filing deadline is one year from when the claim accrues, and it can apply to doctors, hospitals, and other healthcare providers.

The one-year deadline does not always start on the day of the procedure. Accrual can be fact-specific and often turns on when a patient knew (or reasonably should have known) about an injury and that it may be related to medical care. Getting that date wrong can end the case before it starts.

Adding to the pressure, Ohio also enforces an outside cutoff called the statute of repose: in most cases, a medical claim cannot be filed more than four years after the alleged negligent act or omission, subject to limited statutory exceptions.

Exceptions Exist, but They Are Narrow

Ohio law recognizes limited circumstances where deadlines can shift, but they are narrow, technical, and heavily fact-dependent. Examples include:

• 180-day notice letter: If sent before the one-year period expires, written notice can extend the time to file for 180 days from the notice date.

• Late discovery (limited): If an injury could not have been discovered within three years, yet is discovered before the four-year cutoff, the claim may be filed within one year of discovery. The plaintiff has an affirmative burden to prove by clear and convincing evidence that the injury could not have been discovered earlier with reasonable care and diligence.

• Foreign object: If a foreign object is left in the body, the claim may be filed within one year after discovery (or when it should have been discovered). The statute also places an affirmative clear and convincing burden on delayed-discovery claims.

• Minors / legal disability & wrongful death: Separate tolling and timing rules can apply in specific situations (e.g., minors/unsound mind; wrongful death).

Importantly, ongoing treatment does not automatically stop the clock. Waiting in hopes symptoms resolve can be risky, especially when deadlines and accrual rules are fact-driven.

If you or a loved one suspects they have been damaged due to medical negligence you can contact our experienced team for a free consultation.

Christopher L. Lardiere, Esq. is a Partner at Lardiere McNair & Stonebrook, Ltd., LPA.

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