Medical malpractice occurs when a healthcare provider (doctor, nurse, or another member of the staff) makes a mistake while you are under their care and causes you serious harm. Medical malpractice can occur as a result of incorrect diagnosis, surgical errors, prescription mistakes, and a host of other reasons.
If you or a loved one was hurt as the result of a medical mistake, you need to be informed about Ohio medical malpractice claims:
- Medical malpractice claims in Ohio have hit an all time low. About 10 years ago, medical malpractice laws changed in Ohio and those changes have drastically decreased the amount of medical malpractice claims that are filed in the state. Furthermore, out of the claims that are filed, a large majority of them do not result in a payout. Tort reform laws were designed to protect doctors and hospitals, and because of that, it is much harder to get compensated for your injuries.
- In Ohio, you have one year to file your medical malpractice claim. Each state determines the time frame to file a claim. This number is set by statute. While it is clear how long you have to file a claim, it is not always clear when the clock starts running. In some cases, you have one year from the date the injury was discovered, while others may deem the year begins from the date the malpractice took place. In some situations, you may even have one year from the date the doctor/patient relationship ended.
- To prove medical malpractice in Ohio, you must provide documentation by someone licensed to practice medicine, who is willing to act as an expert witness in your case. The documentation (or affidavit) must state that the expert witness has reviewed all of the medical records involved in the case, is familiar with the standard of care required, and he or she believes the doctor in question breached the standard of care in a way that resulted in injury to the patient.
- Ohio places specific limits on the compensation someone can receive for their medical malpractice claim. Non-economic damage awards for pain and suffering is limited to $250,000 or three times the value of economic damages (max of $350,000 per plaintiff or $500,000 for multiple plaintiffs). In certain cases of catastrophic injuries, the damages caps are increased to $500,000 per plaintiff and $1 million for multiple plaintiffs.
- When considering medical malpractice cases in Ohio, percentage of fault is assigned. A percentage of fault is given to those involved in the incident, which means specific defendants are only expected to pay a portion of the total damages, depending on the percentage of fault that was assigned to them. However, if one defendant is found to be more than 50% responsible for the injuries suffered by the plaintiff, than that defendant could be liable for the entire amount.
Medical malpractice cases are complicated and medical malpractice laws can be hard to navigate. Don’t try to figure it out alone!
If you or someone you love was injured as the result of a medical mistake, you have to call me now for a FREE consultation at 1 (800) 556-4769. I will help you understand your rights. As your Ohio Medical Malpractice Lawyer, I’ll be there for you, and I’ll Make Them Pay!®
Author: Tim Misny | For more than 33 years, personal injury lawyer Tim Misny has represented the injured victim in birth injury, medical malpractice, and catastrophic injury/wrongful death cases, serving “Cleveland, Akron/Canton, Columbus & Cincinnati, Ohio.” You can reach Tim by email at email@example.com or call at 1 (800) 556-4769.