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Delta-Lawyer
Delta-Lawyer, Attorney
Category: Legal
Satisfied Customers: 3546
Experience:  10 years practicing IP law and general litigation
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Can I sue if I had my tubes tied in 1998 an I became pregnant

Customer Question

can I sue if I had my tubes tied in 1998 an I became pregnant in 2011an have a 2 1/2 year old
Submitted: 1 year ago.
Category: Legal
Expert:  Delta-Lawyer replied 1 year ago.
I hope this message finds you well, present circumstances excluded. I am a licensed attorney with over a decade of medico-legal experience. It is a pleasure to assist you today.
The statute of limitations (means you must sue by this date or the case is no longer viable) in Ohio is one year. The statute of limitations does not begin to run until the injured party discovers or should have discovered the negligence. Under this discovery rule, injured parties have one year from the date they discover or should have discovered the alleged malpractice to file a lawsuit. In ordinary terms, this means that a party claiming medical malpractice must file a lawsuit within one year from the date he or she suspects there was medical malpractice.
The Ohio medical malpractice statute of limitations law allows a plaintiff to extend the one year statute of limitations by 180 days (about six months) if they serve notice to the potential defendants of their intent to file a lawsuit alleging medical malpractice. However, the letter notifying the potential defendants must be received by the defendant prior to the expiration of the one year statute of limitations.
Unfortunately, the statute of limitations would have begun to run against you when you found out you were pregnant in 2011. As such, you would be barred against filing suit at this point, unfortunately.
I wish I had better news. Let me know if you have any additional questions. If not, please rate my answer positively (5 stars) so that I can receive credit for my work.
Thanks and Best Wishes!
Expert:  Delta-Lawyer replied 1 year ago.
Let me know if you have any other questions. I want to make sure you are as comfortable as possible moving forward. Thanks!

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