Medical Malpractice Statute of Limitations in Ohio

Last verified 2026-07 · Source: Ohio Rev. Code § 2305.113 ✓ verified · 3 sources

The deadline

1 year

from the date the cause of action accrued, meaning when the patient discovers or should have discovered the injury, or when the physician-patient relationship for that condition ends, under Ohio Rev. Code § 2305.113.

The deadline to file a medical malpractice claim in Ohio is 1 year, set by Ohio Rev. Code § 2305.113. It starts running on the date the cause of action accrued, meaning when the patient discovers or should have discovered the injury, or when the physician-patient relationship for that condition ends. This page covers the exceptions, the government-claim trap, and the steps to take before time runs out.

Ohio Deadlines for Related Claims

Claim type	Deadline	Statute
Medical Malpractice	1 year	Ohio Rev. Code § 2305.113
Car Accident	2 yrs	Ohio Rev. Code § 2305.10
Credit Card Debt	6 yrs	Ohio Rev. Code § 2305.07(C)
Wrongful Death	2 yrs	Ohio Rev. Code § 2125.02
Personal Injury	2 yrs	Ohio Rev. Code Ann. § 2305.10(A)
Dog Bite	2 yrs	Ohio Rev. Code § 2305.10
Slip and Fall	2 yrs	Ohio Rev. Code § 2305.10
Defamation	1 yr	Ohio Rev. Code § 2305.11(A)
Breach of Contract	6 yrs	Ohio Rev. Code § 2305.06
Medical Debt	6 yrs	Ohio Rev. Code § 2305.06

When the Clock Starts

In Ohio, the limitations period for medical malpractice claims generally begins on the date the cause of action accrued, meaning when the patient discovers or should have discovered the injury, or when the physician-patient relationship for that condition ends. Ohio recognizes a discovery rule for this claim type: The one-year period runs from accrual under the 'cognizable event' discovery rule (or termination of the physician-patient relationship), but a four-year statute of repose bars any claim more than four years after the act or omission, subject to a one-year-from-discovery exception for a foreign object left in the body.

Exceptions That Can Extend the Deadline

Minors: the clock is generally paused while the injured person is under 18.
Fraudulent concealment: if the defendant actively hid the wrongdoing, the deadline may be extended until it was or should have been uncovered.
Defendant leaves the state: absence can pause the clock in many circumstances.
Government-claim trap: Suit against a State-operated hospital must be brought in the Court of Claims within two years, Ohio Rev. Code § 2743.16; claims against political-subdivision hospitals are governed by the two-year limit in Ohio Rev. Code ch. 2744 (§ 2744.04)
Damage caps: Yes - noneconomic damages capped under Ohio Rev. Code § 2323.43 at the greater of $250,000 or three times economic damages up to $350,000 per plaintiff / $500,000 per occurrence, rising to $500,000 / $1,000,000 for catastrophic injury (permanent substantial deformity or loss of a limb or organ system)

A claimant may extend the one-year deadline by 180 days by sending the provider a written 'notice of intent' (180-day letter) by certified mail before the year expires, and the complaint must include an affidavit of merit from an expert under Civ.R. 10(D)(2).

Source: Ohio Rev. Code § 2305.113, official Ohio statute · verified 2026-07

What to Do Before the Deadline Runs

Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
Send preservation/notice letters where required (especially for Ohio government defendants).
If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.

How Ohio Compares to Nearby States

State	Deadline	Statute
Ohio	1 year	Ohio Rev. Code § 2305.113
Pennsylvania	2 yrs	42 Pa.C.S. § 5524(2), (7)
West Virginia	2 yrs	W. Va. Code § 55-7B-4
Kentucky	1 yr	KRS 413.140(1)(e), (2)
Indiana	2 yrs	Ind. Code § 34-18-7-1
Michigan	2 yrs	MCL § 600.5838a (medical-malpractice accrual/limitations); MCL § 600.5805(8) (2-year period)

Frequently Asked Questions

How long do I have to file a medical malpractice claim in Ohio?

You have 1 year from the date the cause of action accrued, meaning when the patient discovers or should have discovered the injury, or when the physician-patient relationship for that condition ends, under Ohio Rev. Code § 2305.113.

Can I still sue after 1 years in Ohio?

Usually no — courts dismiss claims filed after the statute of limitations expires. Narrow exceptions (the discovery rule, tolling for minors, fraudulent concealment) can extend the deadline; whether one applies depends on your facts.

Does the discovery rule apply to medical malpractice claims in Ohio?

Yes. The one-year period runs from accrual under the 'cognizable event' discovery rule (or termination of the physician-patient relationship), but a four-year statute of repose bars any claim more than four years after the act or omission, subject to a one-year-from-discovery exception for a foreign object left in the body.

What if the victim was a minor?

Ohio generally pauses ("tolls") the deadline while the injured person is under 18, giving them time to file after reaching adulthood. Special limits can still apply, so check the statute.

Is the deadline different for claims against the government?

Suit against a State-operated hospital must be brought in the Court of Claims within two years, Ohio Rev. Code § 2743.16; claims against political-subdivision hospitals are governed by the two-year limit in Ohio Rev. Code ch. 2744 (§ 2744.04)

Sources

Official Ohio Revised Code § 2305.113 - Ohio Laws (official)
Corroborating Ohio Rev. Code § 2305.113 - FindLaw
Corroborating Ohio Rev. Code § 2305.113 - Justia
Verified 2026-07 under our 4-step process — every line checked against the sources above. How we verify

This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed Ohio attorney.