If you’re thinking about filing a medical malpractice claim in Ohio, there’s an important rule you should know about—one that surprises most people: the Affidavit of Merit.

What Is an Affidavit of Merit?

In Ohio, you can’t simply file a medical malpractice lawsuit by stating something went wrong. The law requires a sworn statement from a qualified medical expert—this is the Affidavit of Merit.

This expert must confirm at least three things:

1. They reviewed the medical records
2. The care you received fell below accepted medical standards
3. That failure caused your injury

Without this affidavit (or without getting extra time from the court), your case can be dismissed before it ever gets started.

Can You Get More Time?

Maybe.  But it is never a sure thing.

Why Starting Early Matters

An Affidavit of Merit takes time. Medical records must be collected. The right expert must be found. That expert needs time to review everything.

If you wait too long, you may miss deadlines even if your case is strong. Early action keeps your options open.

Other tools exist in Ohio that might extend the deadlines.  However, they are technical and complicated.

Bottom Line

Medical malpractice cases in Ohio are won or lost long before anyone steps into a courtroom. Deadlines are tight, and the Affidavit of Merit requirement makes timing crucial.

If you believe you were harmed by medical care, you should talk to one of our experienced lawyers as soon as possible. You’re not committing to a lawsuit—you’re just protecting your ability to make an informed decision later.

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

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