Blog Post
What is the statute of limitations to bring a claim?
Posted by: euser
June 25, 2008
Topic: Birth Injuries
The law requires that a claim be presented within a certain time period. This is generally governed by a state statute. These statutes are often referred to as the Statute of Limitations. Statutes of limitations vary greatly between states. A statute of limitations in one state may not be the same or even similar to a statute of limitations of an adjoining state.
In Ohio, the statute of limitations for bringing a medical negligence claim is one year from the date the cause of action accrues, or whenever the relationship with the attending caregiver terminates, whichever is later.
There are certain things that toll or preclude the running of the Statute of Limitations in Ohio by statute. Such includes a minority or mental incompetency at the time the cause of action accrues. For children that have severe disabilities the minimum statute of limitations in Ohio is until age 19 (1 year after they reach age of majority - 18). If, in fact, at the time the negligence or cause of action accrues the child also sustains severe cognitive impairments and the such is permanent, the statute of limitations will never run. The parents' derivative claim for their child's injury include loss of service and society, medical and future care costs and has its own statute of limitations. If the statute of limitations is tolling for a child under disabilities, the same is also tolled for the parents.
In Ohio, there is a vehicle that will enable one to extend the statute of limitations by 180 days. The 180- day letter needs to contain specific language to qualify and must be received by the potential defendant caregiver before the statute of limitations runs. Once the 180-day letter is received by the potential defending caregiver, the patient has an additional 180 days to file the action.
To reiterate, the statute of limitations in the state where you reside may not at all be similar to the statute of limitations in Ohio. The statute of limitations of the state where the medical care was rendered is controlling.
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