We trust our healthcare practitioners to care for us to the best of their ability. Because they have specialized skills and training, their duty of care under the law is much higher than the average person’s duty to avoid causing harm to others.
Filing a medical malpractice suit can help you recover compensation from negligent healthcare providers. However, the rules about when you can file a case and what you need to include in the initial filings are different than other personal injury matters. The Law Offices of Tim Misny can guide you through your medical claim—here’s an overview of what to expect.
Medical malpractice statute of limitations
Ohio has a general, one-year statute of limitations for medical malpractice claims. The clock starts ticking when the plaintiff discovers (or should have discovered) the injury, or when your doctor/patient relationship has ended, whichever is later. However, there is an outside four-year limit on filing claims.
What does this look like in practice? If a surgeon operates on the wrong limb, that will be immediately apparent after you regain consciousness. Your statute of limitations would begin at that time. However, if your injury was less obvious—like a surgical sponge left in your body—the statute of limitations won’t start tolling until you discover that injury.
If you believe you have experienced medical malpractice, it’s very important to call our firm right away, lest you miss out on your opportunity to recover compensation.
Medical malpractice affidavit of merit
Ohio requires medical malpractice plaintiffs to file an “affidavit of merit” along with your complaint. An affidavit of merit is a statement from a health professional, made under oath, which states that:
- They have reviewed the plaintiff’s medical records;
- They are familiar with the medical standard of care required for treatment;
- They believe that standard was not met; and
- They believe the plaintiff was injured as a result.
This helps ensure that each claim has merit.
Medical malpractice damage caps
Finally, there are medical malpractice damage caps—limits to how much you may recover. Ohio limits a plaintiff’s noneconomic damages in a medical malpractice case to either no more than $250,000 or three times the plaintiff’s economic damages, whichever is greater. There is an overall maximum of $350,000 per plaintiff, or a total of $500,000 in cases where there is more than one plaintiff.
However, the cap is bumped up to $500,000 if the healthcare provider caused catastrophic or certain other permanent injuries.
Talk to an Ohio medical malpractice attorney today
The Law Offices of Tim Misny can help you with your medical malpractice claim. If you were injured due to someone else’s negligence or recklessness, I’ll Make Them Pay!® Call my office at (877) 944-4373 so that I can evaluate your case right away.