Is the statute of limitations on medical malpractice 2 years from the date of event or when we found out about the problem?

My husband a 3 level cervical fusion surgery, ACDF. The surgeon who did the surgery also owned the

MRI imaging center. After the surgery, there were complications and then some but his MRI films never really mentioned a problem due to surgery. We recently had his MRI done at another location not owned by the neurosurgeon. When we got the results, all of the problems in his neck were due to surgery. We were also told we only had 1 year to file a suit, not 2. My husband became permanently

disabled because of this surgery. Everywhere I’ve read, any multi-level cervical fusion requires additional support which was taken out 5 days after surgery and never replaced so his neck fused with his chin on his chest. Please tell me there is way, even if not malpractice to file a suit.

Asked on June 11, 2017 under Malpractice Law, Ohio

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

In Ohio, the statute of limitations for filing a lawsuit in a medical malpractice case is one year from the date the medical error occurred; however, if you could not have discovered the injury, the lawsuit can be filed within one year from the date of discovery as long as no more than four years have elapsed since the medical error occurred.
The one year deadline can be extended by six months if notice is sent to the defendant that you intend to file a medical malpractice lawsuit but this notice must be sent before the one year deadline elapses.
Other than medical malpractice which is negligence, no other claims would be applicable.


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