Is the statute of limitations on medical malpractice 2 years from the date of event or when we found out about the problem?

UPDATED: Sep 30, 2022

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Is the statute of limitations on medical malpractice 2 years from the date of event or when we found out about the problem?

My husband a 3 level cervical fusion surgery, ACDF. The surgeon who did the surgery also owned the

MRI imaging center. After the surgery, there were complications and then some but his MRI films never really mentioned a problem due to surgery. We recently had his MRI done at another location not owned by the neurosurgeon. When we got the results, all of the problems in his neck were due to surgery. We were also told we only had 1 year to file a suit, not 2. My husband became permanently

disabled because of this surgery. Everywhere I’ve read, any multi-level cervical fusion requires additional support which was taken out 5 days after surgery and never replaced so his neck fused with his chin on his chest. Please tell me there is way, even if not malpractice to file a suit.

Asked on June 11, 2017 under Malpractice Law, Ohio


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

Answered 5 years ago | Contributor

In Ohio, the statute of limitations for filing a lawsuit in a medical malpractice case is one year from the date the medical error occurred; however, if you could not have discovered the injury, the lawsuit can be filed within one year from the date of discovery as long as no more than four years have elapsed since the medical error occurred.
The one year deadline can be extended by six months if notice is sent to the defendant that you intend to file a medical malpractice lawsuit but this notice must be sent before the one year deadline elapses.
Other than medical malpractice which is negligence, no other claims would be applicable.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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