MEDICAL MALPRACTICE

Q: My son died due to complications from surgery, which I believe were caused by a medical mistake. How long do I have to bring a lawsuit against the doctor and hospital? A: Ohio law sets a time limit for filing a medical malpractice lawsuit, known as the statute of limitations. The lawsuit must be filed within one year of when the injury is discovered or from the last date of treatment with the negligent medical provider, whichever is later. This one-year limitation applies to all claims involving the pain and suffering experienced by the patient prior to his death. The statute of limitations filing period may be extended. If the deadline is approaching, the injured patient may send a “180-Day Letter” to any potential defendant health care provider, advising that the patient is considering bringing a lawsuit. The health care provider must receive the letter before the one-year limitations period ends and gives the would-be plaintiff an additional 180 days to file the lawsuit. If, like your son, a loved one has passed away due to medical negligence, the family also has a separate claim known as a wrongful death lawsuit. This is subject to a two-year statute of limitations from the date of death and includes damages other than for the personal suffering of the decedent prior to death.

Under Ohio Rule of Civil Procedure 10(D)(2), all medical malpractice cases filed in the state must be supported by an affidavit of merit, which is executed by an appropriate expert witness. The expert must be licensed to practice medicine in any state and must focus one-half of his/her professional time to the active clinical practice of medicine (or the teaching thereof).

The affidavit of merit must include statements affirming that the expert has reviewed the available records, is familiar with the applicable standard of care, and is of the opinion that the defendant health care provider(s) breached the standard of care and injured the plaintiff.

Please contact the Dicello Law Firm to discuss your son’s medical care and subsequent death in greater detail.