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What to Know About Ohio Medical Malpractice Claims

by onMarch 10, 2020

Medical malpractice claims tend to be some of the most complex personal injury claims, and they can also result in some of the highest settlements. You can expect that the defense will be aggressively attacking your claim, contesting every aspect, as there is a lot at stake for both sides. This is why it is so important to retain an experienced Ohio medical malpractice attorney who can help. You need someone who can comprehensively explain the process to you and is not afraid to aggressively litigate your case should it be necessary to proceed with a courtroom trial.

What is Medical Malpractice?

It is not uncommon for people to think their medical provider made a mistake and therefore they have legal cause to sue. Ohio law is pretty specific on what constitutes medical malpractice. In general, it is the failure of a medical professional to treat a patient in alignment with the accepted guidelines, rules, and standards of their practice. Medical professionals can be defined as doctors, dentists, specialists, nurses, anesthesiologists, or other medically-licensed health professionals.  

While the definition may sound simple, proving medical malpractice is much harder. The standard of what is malpractice will vary from client to client based on individual circumstances. Some examples of substandard care could be leaving a surgical instrument inside the patient, operating on the wrong body party, or failing to diagnose a fatal disease that should have been caught.

Medical providers will be judged on their duty of care and whether they breached the acceptable standard of care. This means that not all bad medical outcomes will result in a valid medical malpractice claim. In some cases, there may have been malpractice, but it is not worth pursuing financially. These are all topics an Ohio medical malpractice lawyer will discuss with you so you can make an educated decision whether or not to pursue a claim.

Common Types of Medical Malpractice Claims

Some common types of medical malpractice claims can include:

  • Birth injuries
  • Surgical errors
  • Emergency room errors
  • Infection after failure to sterilize tools
  • Medication and prescription errors
  • Misdiagnosis
  • Administrative errors that result in an unnecessary procedure
  • Failure to diagnose a stroke or heart attack

The Complexity of Medical Malpractice Claims

In addition to proving that malpractice existed, there are two other challenges that can make these claims even more complex. One is the cap on non-economic damages, like pain and suffering. Typically, there is a cap set at $250,000 or three times the amount of economic damages, capped at $350,000 for each plaintiff or $500,000 for each case. The limits are raised if you suffered permanent damage, like the loss of a limb or a physical deformity. 

Like other states, Ohio has a statute of limitations by which you must file a medical malpractice claim. In general, you only have a year from the injury or from the date when the treatment ended. This is a short window to fully investigate a claim, which is why you should speak with an attorney right away.

Contact an Ohio Medical Malpractice Attorney

If you suspect you have an Ohio medical malpractice claim, contact Lafferty, Gallagher & Scott, LLC today to schedule an initial consultation.

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