If you want to file a medical malpractice suit, it’s important that you are suing someone who qualifies as a “healthcare provider.” When you call a personal injury attorney to discuss your case, they’ll review the facts and let you know whether the person you’re suing qualifies under the law. However, there’s one easy way to tell whether a person is a healthcare provider.
Who is a Healthcare Provider?
The key factor in suing someone for medical malpractice is that they’re a licensed healthcare professional. That’s because there needs to be an across-the-board standard for their care. Otherwise, it’s impossible to determine what a reasonable provider would do in the same situation. In fact, that’s the reason you can’t sue midwives in Ohio, but you can in other states: Ohio midwives do not have a state licensing process, so there are no baseline standards to which you can compare their actions.
However, you can bring a claim against anyone with a medical or mental health license, including doctors, nurses, surgeons, dentists, physical therapists and mental health care professionals. Because they practice under state-approved standards, attorneys, judges, juries and review boards have something to which they can compare the professional’s conduct.
Suing for Medical Malpractice in Ohio
When you file a medical malpractice lawsuit, it may be against an individual provider or an institution, such as an inpatient mental health facility, nursing home or specific hospital. When you want to hold them responsible for their actions, you have to prove three main things:
- The standard of care that a reasonable provider in the same facility or specialty would be held to;
- That the defendant did not perform according to those standards; and
- Their failure to meet standards caused your injury.
Ohio caps how much a plaintiff can recover in medical malpractice suits, and the award can be further limited if you’re found to have contributed to the harm in any way. This is called comparative negligence. Your award will be reduced by the percentage of which you’re determined to be at fault. If you’re 50 percent or more at fault, you won’t be able to recover compensation.
A skilled personal injury attorney can assess your case and let you know whether you’re likely to recover damages, including whether the responsible party is a qualified healthcare provider.
Discuss Your Case with an Ohio Medical Malpractice Lawyer Today
When you’re injured due to a healthcare provider’s negligence, I’ll Make Them Pay!® Call my office at 877.944.4373 today to discuss your case and the likelihood of recovering compensation. You shouldn’t have to bear the costs of additional medical bills, lost wages and other damages alone.