Statute of Repose: Ohio Medical Malpractice
In general, an action for medical malpractice must be commenced within four years of the act or omission, or it is otherwise barred. This article discusses some of the exceptions to this rule.
An action for Medical Malpractice may not be commenced after four years from the occurrence of the act or omission constituting the claim.(1)
Exception 1. This provision does not apply to (a) minors or (b)plaintiffs of unsound mind.(2)
Exception 2.“Injury Undiscoverable”
If a person making the Ohio malpractice claim could not have discovered the injury resulting from the malpractice, within three years after, but, discovers the injury resulting from the malpractice before the expiration of the four-year period specified in division (C)(1) of this section, the person may commence an action upon the claim not later than one year after the person discovers the injury resulting from that act or omission.(3)
Exception 3. “Foreign Object”
If the alleged basis of medical malpractice involves a foreign object that is left in the body of the person making the claim, the person may commence an action upon the claim not later than one year after the person discovered the foreign object or not later than one year after the person, with reasonable care and diligence, should have discovered the foreign object.(4)
- 2305.113 (c)(1)(2)
- 2305.113 (c)
- 2305.113(D)(1)
- 2305(D)(2); 2305(D(3) provides: A person who commences an action upon a medical claim, dental claim, optometric claim, or chiropractic claim under the circumstances described in division (D)(1) or (2) of this section has the affirmative burden of proving, by clear and convincing evidence, that the person, with reasonable care and diligence, could not have discovered the injury resulting from the act or omission constituting the alleged basis of the claim within the three-year period described in division (D)(1) of this section or within the one-year period described in division (D)(2) of this section, whichever is applicable.