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Ohio · Medical malpractice claims: harm and next steps

Medical malpractice claims: harm and next steps in Ohio

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Filing deadline1 year from discovery; 4-year reposeORC § 2305.113

Deadlines vary with the facts of each case. A lawyer can confirm yours.

Updated

01 · Your filing deadline

What is the deadline in Ohio?

ORC § 2305.113: 1-year SOL, extendable by 180 days with written notice; 4-year repose. Foreign objects: 1 year from discovery, no repose. Minors under 18: tolled until age 18, then 1 year; the 4-year repose does not apply to them (ORC §§ 2305.113(C), 2305.16). A lawyer can confirm yours.

1 year from discovery; 4-year repose

Source: ORC § 2305.113

Deadlines vary; a lawyer can confirm yours. An older diagnosis or a past filing window does not, by itself, establish whether you have a claim.

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A lawyer can check which filing rules apply to your circumstances.

02 · Where cases are heard

Where would my case be heard?

Statute of Limitations: Ohio imposes a 1-year statute of limitations on medical malpractice claims (ORC § 2305.113), running from the date of the alleged negligent act or the last date of treatment in an ongoing course of treatment. A 4-year statute of repose bars claims brought more than 4 years after the act, with limited exceptions for foreign objects and fraudulent concealment. A person who was a minor when the claim accrued may bring it within 1 year after turning 18, and the 4-year repose does not apply to minors (ORC §§ 2305.113(C), 2305.16).

In cases involving permanent and substantial physical deformity, loss of use of a limb, or loss of a bodily organ system, the cap does not apply. ORC § 2323.43 governs.

Pre-Suit Requirements: Ohio does not require a formal certificate of merit before filing. However, plaintiffs are strongly advised to obtain expert opinions before suit given the 1-year SoL. Within 180 days of filing, the plaintiff must provide each defendant with a written report from a competent expert in the same specialty area who supports the claim; failure can result in dismissal under ORC § 2323.43 screening.

Venue: Ohio medical malpractice suits are filed in the Court of Common Pleas in the county where the cause of action arose, where the defendant resides, or where the defendant maintains a principal place of business. ORC § 1901.02 governs. Large caseloads concentrate in Cuyahoga (Cleveland), Franklin (Columbus), and Hamilton (Cincinnati) counties.

Hamilton County Court of Common Pleas — Civil Division

1000 Main St, Cincinnati, OH 45202

Court website

Cuyahoga County Court of Common Pleas — Civil Division

1 Lakeside Ave W, Cleveland, OH 44113

Court website

Franklin County Court of Common Pleas

345 S High St, Columbus, OH 43215

Court website

Medical facilities in Ohio

  • Cleveland Clinic — Level I Trauma Center

  • Ohio State University Wexner Medical Center — Level I Trauma Center

How this works nationally

For the overall process and updates, read the Medical malpractice claims: harm and next steps overview. This page covers the local information available for Ohio.

What happens when I check?

You answer a few short questions about what happened. If you send them, your answers are kept on file. If a participating law firm takes these cases, it may contact you. People's Justice is not a law firm.

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Sources

  1. ORC § 2305.113