Any medication error can lead to dire and dangerous consequences for the patient, whether the mistake goes back to:
- The underlying formulation
- A product or manufacturing defect
- The incorrect dose of the medication in question
- The prescription and administration of the wrong medication
- Inadequate warning of the risks and side effects involved with the particular drug
Common injuries linked to medication errors include internal bleeding, poisoning, organ damage, cardiovascular problems, respiratory issues, and more.
However, to launch a legal claim stemming from injuries caused by a medication error, Ohio law establishes a specific filing window that victims must adhere to or risk losing their ability to seek a legal remedy.
The standard filing period for a medication error injury case is typically one year from the date the claimant suffered harm.
This one-year period may also begin from the date the individual terminated their relationship with the physician or realized that they sustained an injury from the alleged error.
There are very specific instances where this statute of limitations may be extended.
For example, if the victim of the medication error was a minor when they sustained their injury or could not have plausibly realized that they were injured in that early discovery period, it could impact the statute of limitations.
Regardless, if more than four years have passed since the medical provider’s action or inaction that led to the underlying medication error, an injured person could be time-barred from bringing a case at all.
Given the standard one-year statute of limitations and overarching four-year filing window, it is best to consult with a Toledo medication error attorney promptly to ensure time is not a hurdle to pursuing a claim.