Understanding Ohio’s Medical Malpractice Claims

Medical malpractice claims are among the most complicated personal injury cases, yet they can also yield the most prominent settlements. As there is so much at stake for both sides, you should expect the defense to attack your claim vigorously, opposing every detail. 

Therefore, hiring an expert personal injury lawyer in Ohio is vital. The representative you choose should be able to explain the process thoroughly to you and not hesitate to prosecute your case if a court trial is necessary vigorously.

What is Medical Malpractice?

The state of Ohio sets very specific guidelines on what constitutes medical malpractice. Failure to follow an acknowledged set of guidelines, regulations, and standards by a physician is considered malpractice. Doctors, dentists, specialists, nurses, anesthesiologists, and other medically qualified health professionals are examples of medical professions.

While the word appears simple, proving medical malpractice is far more challenging. The meaning of malpractice will vary from client to client, depending on the circumstances.  The failure to provide adequate care can include:

  • Leaving surgical equipment inside the patient.
  • Operating on the wrong part of the body.
  • Not diagnosing a potentially fatal illness.

Not every negative medical outcome will result in a legitimate medical malpractice claim. Certain cases might have involved malpractice, but it is not economically viable to pursue. You can decide whether to file a claim after discussing all of these issues with an attorney.

A list of common medical malpractice claims

Medical malpractice claims can include the following:

  • Birth-related injuries
  • Surgical mistakes
  • Errors in emergency rooms
  • Failure to sanitize tools results in infection
  • Errors with medication and prescriptions
  • Misdiagnosis
  • Administration blunder that leads to an unnecessary procedure
  • Misdiagnosis of a stroke or heart attack

Malpractice Claims: A Complex Issue

These assertions may be even harder to prove as two additional problems mar them. The first is a cap on non-economic damages such as pain and suffering. A typical cap is set at $250,000. A plaintiff can seek three times the amount of economic damages, with a cap of $500K  per case or $350Kper claimant. The limits are raised if you have lost a limb or are physically deformed.

Ohio, like other states, has a statute of limitations for filing a medical negligence lawsuit. In most cases, you only have a year from the date of the injury or the conclusion of therapy. Given the limited time available to thoroughly investigate a claim, you should contact an attorney as soon as possible.

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