When you’re dealing with the aftermath of medical negligence, your first priority is healing. But time matters, especially when it comes to filing a medical malpractice claim. If you wait too long, you could lose your right to take legal action.
At Gold, Khourey & Turak, we’ve spent nearly 50 years helping individuals and families across Ohio, West Virginia, and Pennsylvania hold negligent medical providers accountable. If you believe you or a loved one was harmed by a medical mistake, knowing your legal deadline — called the statute of limitations — is a critical first step.
Statute of Limitations by State
Medical malpractice deadlines vary depending on where the incident occurred. Here’s what you need to know about the three states where our attorneys are licensed:
Ohio
You generally have one year from the date of the injury or the date it was discovered or should have been discovered. However, there is a hard deadline of four years from the date of the alleged malpractice. Even if you just discovered the injury, that four-year mark can still bar your claim.
West Virginia
You typically have two years from the date of the injury or its discovery. Additionally, if the malpractice occurs to a minor, the claim must be brought within two years after the date of the injury or prior to the minor’s twelfth birthday, whichever provides the longer period. West Virginia also has a statute of repose, which means you cannot file a claim more than ten years after the date of the malpractice, no matter when you discovered it.
Pennsylvania
The law allows two years from the date you discovered the injury. However, there’s a seven-year statute of repose, with some exceptions. These may apply in cases involving minors or when the provider intentionally concealed the error.
Why You Shouldn’t Wait
Even if you think you have time, it’s important to act quickly. The earlier you involve an attorney, the better your chances of gathering strong evidence, protecting your rights, and securing fair compensation.
Medical records can be lost or altered. Witnesses’ memories fade. And in some cases, deadlines can sneak up faster than you realize, especially if you’re still trying to get answers about what happened.
How Gold, Khourey & Turak Can Help
Medical malpractice claims are some of the most complex legal cases. At GKT, we handle the details so you can focus on your recovery. When you work with us, you can expect:
- Legal Experience You Can Rely On: Our attorneys understand the medical malpractice laws in Ohio, West Virginia, and Pennsylvania and how to apply them to your unique case.
- Thorough Investigation: We dig deep into your medical records, work with qualified medical experts, and build a clear case that shows where things went wrong.
- Honest, Clear Communication: We won’t make promises we can’t keep. We’ll tell you where your case stands and what to expect.
- Results-Driven Advocacy: Whether it’s a negotiated settlement or a courtroom trial, we’ll fight for the compensation you need and deserve.
Don’t Wait. Contact GKT Today.
Time is not on your side when it comes to medical malpractice. If you think something went wrong in your care or a loved one’s, you owe it to yourself to get answers.
Call (304) 845-9750, chat with us live online, or fill out our secure web form to schedule a free consultation. We’re here 24/7 to listen and guide you through the next steps.
Need help? Get help. Get GKT.
Michelle Marinacci joined Gold, Khourey & Turak in 2018 bringing with her 20 years of litigation experience, including prosecuting and defending civil litigation cases and assisting in case decisions at the West Virginia Supreme Court of Appeals.
