What is the statute of limitations in medical malpractice cases?
Statue of limitations vary by state and by course of action. In Ohio, actions against a health care provider must be filed within one (1) year of the date the incident of injury occurred. Extensions may be granted under certain circumstances. In West Virginia, generally you have two (2) years from the date of injury or from the date the injury should have been discovered to file a claim. There are also special rules for minors with respect to the statute of limitations. You should contact an attorney as soon after the incident as possible in order to make sure you preserve your rights to file a claim. Missing the statute of limitations deadline may limit your right to file a claim and recover damages.