There are several studies pointing to medical malpractice as the third leading cause of death in the United States in recent years. In the state of Ohio, over 2,000 medical malpractice claims are filed every year. If you believe you were injured as a result of a medical error or negligent action on the part of a healthcare provider, it is important to understand your rights as a victim and the steps you may take to recover compensation.
What Is Considered Medical Malpractice?
Medical malpractice is the legal term for cases in which a healthcare provider fails to meet the standard of care expected of their profession and causes harm to a patient. Examples of medical malpractice can include wrong diagnosis, failure to diagnose, wrong-site surgery, medication errors, birth injuries, and prescribing the wrong medications or incorrect dosage. In the state of Ohio, medical malpractice claims must meet a number of criteria to be considered valid, especially because it is understood that every medical procedure poses an inherent risk to the patient.
For example, a patient may be able to bring a medical malpractice lawsuit if their doctor misdiagnoses their medical condition, leading to treatment delays or unnecessary treatments. Similarly, a patient may have a valid claim if their doctor prescribed the wrong medication or the wrong dosage of a medication, resulting in injury or harm to the patient.
Are There Any Steps a Claimant Needs to Take Before Initiating a Medical Malpractice Lawsuit?
The first recommended step before initiating a medical malpractice claim is to speak with an experienced medical malpractice attorney about your case. You will want to make sure that you have a valid case and that your injuries and damages are significant and can be traced back to a medical error made by your healthcare provider.
In addition, the state of Ohio requires plaintiffs in a potential medical malpractice lawsuit to obtain a document called an Affidavit of Merit. An Affidavit of Merit is a document written and signed by a healthcare provider. In this document, the healthcare provider expresses their opinion about whether or not they believe the care the patient received is below the acceptable standards of care required of members of the medical profession. Obtaining this document may take time, so it is best to reach out to an attorney as soon as you become aware of the possibility that you may have been a victim of medical malpractice.
How Much Time Do You Have to File a Medical Malpractice Claim?
Another aspect that makes medical malpractice claims more challenging in Ohio is the statute of limitations applicable to this type of case. A statute of limitations, as the name suggests, limits how much time a plaintiff in a civil case has to file a lawsuit seeking damages compensation.
In Ohio, the statute of limitations for personal injury claims is two years from the date of the accident. However, those seeking to recover damages for a medical malpractice case only have one year. The clock starts ticking from the date when the negligent act took place or from the date when the patient discovered or should have reasonably known about the negligent act. There may be a few exceptions to this rule, but it is best to consult a medical malpractice attorney as soon as possible if you intend to take legal action against your healthcare provider.
Are There Limits to How Much Compensation You May Receive as a Medical Malpractice Victim?
In Ohio, medical malpractice claims are not subject to any type of limits when it comes to how much money a victim can receive for economic damages resulting from a medical error. However, Ohio laws impose a non-economic damages cap of $250,000.00, or three times the amount of economic damages in medical malpractice cases. The non-economic damages cap is not usually applicable to cases in which the medical error led to the patient’s wrongful death.
If you would like to learn more about Ohio’s medical malpractice laws or need to know if you have a valid case, contact the Piscitelli Law Firm at 216-820-9832.
