Parents in Ohio
Did you know that if your child has suffered a permanent injury prenatally, during labor, during delivery, or neonatally, you may be able to recover your damages and expenses up until your child reaches the age of majority (18 years old) plus an additional 1 year after that time in Ohio?
Loss of Consortium Claims
Generally, a medical malpractice claim must be filed within 1 year after the action accrues.
A parent may recover damages for medical expenses incurred and for the loss of filial consortium including services, society, companionship, comfort, love, and solace.
In Ohio, a parent’s claim for loss of consortium for injuries to his or her child’s injuries caused by a third party is joint and inseparable from the child’s claims. This means that the parent’s claim may be tolled (the claim is not extinguished) during the child’s minority. Once the child reaches the age of majority, or 18 years old, the loss of consortium claim must be filed within 1 year.
But remember, because the parent’s claim is derivative of the child’s cause of action, if the child files his or her claim anytime (even before he or she turns 18), the parents must simultaneously file the loss of consortium cause of action.
If you are interested in reading more about the Ohio decision regarding loss of consortium and parents, please see Fehrenbach v. O’Malley, 113 Ohio St.3d 18, 2007-Ohio-971.