In Ohio, a patient generally must file a dental malpractice claim within one year after the alleged cause of action occurs.  The cause of action for dental malpractice occurs—and the one year period begins to run—at the later date of either: (i) when the patient discovers or should have discovered the alleged injury (known as the “discovery rule”); or (ii) when the dentist-patient relationship for that condition terminates (known as the “termination rule”). 

Discovery Rule: The discovery rule focuses on a “cognizable event” which puts the patient on notice of the injury.  The statute of limitations starts to run upon the occurrence of a cognizable event, which is defined by Ohio courts as facts and circumstances that lead, or should lead, the patient to believe that the alleged physical injury is related to a medical diagnosis, treatment, or procedure.  Moreover, the statute of limitations begins to run when a patient has constructive knowledge, as opposed to actual knowledge, of an injury. This means that the one year period starts when a patient realizes he or she is injured  although the patient did not become aware of the full extent of the injuries until a later date.

Termination Rule: Under the termination rule, the statute of limitations begins on the date when the dentist-patient relationship terminates.  This date is the last time the patient saw the dentist for treatment.

Extension of the One Year Rule: A patient may extend the one year statute of limitations by simply giving written notice to the treating dentist indicating that a potential claim exists.  Written notice will provide a potential malpractice claimant with a 180-day  extension to bring the claim. 

Finally, a dental malpractice claimant cannot bring a claim later than four years after the alleged act or omission giving rise to the claim occurs.  The exceptions to this rule are as follows: (i) if the claimant was a minor when the injury occurred the claimant may bring suit within one year after reaching the age of majority; (ii) if the claimant is of unsound mind when the injury occurred the claimant may bring a claim within one year after the disability is removed; (iii) if the claimant could not have discovered the injury in the exercise of reasonable care and diligence within three years after the occurrence of the act or omission giving rise to the claim, but discovers the alleged injury before the expiration of the four year time bar period, the claimant may bring the claim no later than one year after discovering the injury; or (iv) a claimant whose claim involves a foreign object left in the claimant’s body may bring a claim not later than one year after the claimant discovered the foreign object.