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Ben Glass
Ben Glass
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Ohio Moves the Ball Forward, Virginia Still in The Dark

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My friend Ohio Personal Injury Attorney Chuck Boyk has a great post about a terrific new medical malpractice decision from OHIO.

It seems that Ohio has expanded the time that parents of minors have to fill a “loss of consortium” claim for injuries suffered by their children by medical malpractice.

This is a lot better than Virginia for a lot of reasons:

First, in Ohio

Generally, children have until their 18th birthday, plus the normal statute of limitations to file a lawsuit. So, for example, a child injured in a car accident has until he’s 20 to file suit. Now parents have the same window in which to file a loss of companionship or services claim.

But in Virginia, in medical malpractice cases, kids have only until their 10th birthday (if they are injured earlier than that) or the usual 2 year statute if they are injured after age 10.

Parents in Virginia have NO loss of consortium claim. Parents have a claim for the medical expense but its only a 2 year statute of limitations.

Ohio moves forward…Virginia stays in the dark ages.

An Ohio judge called Ohio’s prior law “goofy.” Gee, wonder what he would think about Virginia?