How long after a dental procedure gone wrong can you sue?

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How long after a dental procedure gone wrong can you sue?

I’m 16 and about 2 years ago, I had surgery to have a tooth extracted. During the procedure the doctor had cut my lip in half. I have pictures of the my lip after I woke up and still have visible scarring. Would I be able to sue for medical malpractice?

Asked on January 28, 2013 under Malpractice Law, Ohio

Answers:

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

Answered 8 years ago | Contributor

The statute of limitations (amount of time for filing a medical / dental malpractice lawsuit) varies from state to state.

In Ohio, there is a one  year statute of limitations.  If notice is given to the dentist within one year of the injury, a lawsuit must be filed within 180 days thereafter.

However, that one year statute of limitations does NOT apply to minors (people under age 18).  Therefore, it is NOT too late to file the lawsuit.  Since you are under 18, you will need your parent or guardian to file the lawsuit on your behalf because a minor cannot file a lawsuit.  It would be advisable to speak with a medical malpractice attorney as soon as possible.


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