Failure to do so within this time period can mean the loss of the right to bring the claim forever. This is why time is of the essence in medical malpractice cases. In Ohio, the Statute of Limitations for medical malpractice cases is one year, but can be extended in some circumstances by the use of a “180 day letter”. More specifically, medical malpractice actions in Ohio are governed by Ohio Revised Code 2305.113.
Pursuant to Ohio Revised Code 2323.451 “At the time of filing a complaint asserting a medical claim, the plaintiff shall file with the complaint, pursuant to rule 10 (D) of the Rules of Civil Procedure, an affidavit of merit relative to each defendant named in the complaint or a motion to extend the period of time to file an affidavit of merit.”
To successfully prove a case of medical malpractice and recover financial compensation for injuries, we must demonstrate several elements: 1 The defendant – the doctor, nurse, hospital or any health care provider – owed a duty of care to the injured patient. Doctors have a duty to provide their patients with a certain level of care in order to avoid causing harm. 2 The defendant breached this duty of care. 3 The patient suffered an injury as a direct result of the breach. 4 The patient suffered damages – such as medical bills, lost wages as well as pain and suffering – due to their injury.
Furthermore, noneconomic damages may also be awarded to a medical malpractice victim. We can work to establish the monetary value of less tangible damages, including physical pain and suffering, as well as the loss of enjoyment in life.