Medical malpractice claims in Ohio carry extra hurdles that don't apply to ordinary injury cases — and missing them can end a case before it begins.
A Shorter Deadline
Medical malpractice claims must generally be filed within one year of when the cause of action accrued, under R.C. § 2305.113 — far shorter than the two-year rule for most injuries. A four-year statute of repose also limits older claims.
The Affidavit of Merit
Ohio Civil Rule 10(D)(2) requires the complaint to include an affidavit of merit from a qualified medical expert stating that the care fell below the accepted standard and caused injury. Without it, the case can be dismissed.
180-Day Letter
Sending a proper '180-day letter' to the provider before the deadline can extend the filing window, giving time to obtain records and expert review. The timing and content of this letter are strict.
Why These Cases Need Early Action
Because of the short deadline and the expert requirement, malpractice claims require obtaining and reviewing extensive medical records quickly. Starting early is essential.
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This article is for general informational purposes only and is not legal advice. Laws change and every case is different. For guidance on your specific situation, consult a licensed Ohio attorney.