Understanding Medical Malpractice in Ohio
In my experience, the vast majority of patients I speak to are largely unaware of what does and does not constitute medical malpractice. As a result, many people fail to report a medical malpractice injury, or conversely, report an event that is not a case of medical malpractice. I believe education is the key to understanding medical malpractice as a whole.
In Ohio, medical malpractice laws govern those in healthcare facilities, hospitals, doctor offices and other related establishments. These laws are what I use to establish cause and effect, in order to make a strong medical malpractice case on behalf of my clients. Additionally, Ohio law also restricts the amount of time we have to file a claim, as well as the amount of compensation that can be collected.
What Exactly is Medical Malpractice in Ohio?
In Ohio, medical malpractice occurs when a medical or healthcare professional, either an individual or an organization, does not meet the standard of care and subsequently causes injury to a patient while under their care. Per Ohio law, both individuals (doctors and nurses) and organizations (hospitals and medical institutions) can be held liable depending on the circumstances.
Standard of care can vary depending on the type of injury or medical condition being treated, as well as the general health, age and other patient factors. Part of my role as a medical malpractice attorney is to establish that the healthcare provider deviated from the standard of care and caused harm to my client; furthermore making the case to gain fair compensation.
The Process of a Medical Malpractice Claim
The most important thing to remember is to never speak with the healthcare facility or insurance provider regarding a settlement. In many cases my clients have been approached by the insurance company and offered a fraction of what they deserve. Furthermore, settling a case without the help of an attorney will likely prohibit further action against the physician or institution. If you feel you or a loved one has been the victim of medical malpractice, the very first thing you should do is contact me.
In many situations, once we establish that a valid medical malpractice claim exists, the case may never see the inside of a court room. Many claims are settled before a trial ever begins, and in some cases the claim may be dropped. As your medical malpractice attorney, we will prove the facts of the case and be prepared for a trial or a settlement offer. As an experienced attorney, I am well versed in this arena and have the resources necessary to hire expert testimony, facts and other supporting documentation.
Time is Limited with a Statute of Limitations
In Ohio, the victim of medical malpractice has a specific period of time from the date that the injury was discovered, or should have been reasonably discovered, to file a claim. Filing a claim is a formal notification to the medical establishment regarding the care and subsequent injury, and is necessary in order to seek legal action down the road. Because the statute of limitations can change, and restrictions on damages can change, it is important to contact me immediately regarding your medical malpractice claim.