What are our rights if my wife’s ear drum ruptured 9 years ago and she’s had problems ever since due to malpractice?

Her doctor repeatedly told her he saw nothing and nothing was wrong. She suffers pain, hearing loss, and migraines. She recently went to a new doctor and found her ear drum is nearly gone and she has staff infection to the mastoid bone along with tenitis. She needs 2 surgeries, one on her nasal passage and one on her ear. Is there anything legally that can be done. I feel her old doctor should have caught this.

Asked on June 18, 2014 under Malpractice Law, Ohio

Answers:

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

Answered 6 years ago | Contributor

Unfortunately, your wife will not be able to file a medical malpractice claim because her claim is barred by the statute of limitations.

In Ohio, the statute of limitations for filing a lawsuit in a medical malpractice case is one year from when the patient discovers or reasonably should have discovered the injury or at most four years from the date of the action that caused the injury.

Since nine years have elapsed, the statute of limitations has tolled (expired) and your wife won't be able to sue her doctor for negligence (medical malpractice).


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