Cleveland, Ohio Medical Malpractice Law: Attorney Reveals What You Should Know About Filing a Claim April 10, 2012.
When you suffer a serious injury caused by the negligence of a healthcare provider, you may have to face additional medical treatment and medical bills, plus unnecessary pain and suffering. If you have become a victim of Ohio medical malpractice, you may be able to recover damages with the help of a Cleveland medical malpractice attorney who understands the complexities of Ohio medical malpractice law.
Make it a priority to schedule a consultation at an Ohio medical malpractice law firm. It can be very difficult and time-consuming to investigate medical malpractice in Ohio, so the sooner you speak with an attorney, the better.
Overview of Ohio Medical Malpractice Deadlines
Understand that a claim for medical malpractice in Ohio could be against just about any healthcare provider, including:
- surgeons; and
You typically will have up to a year to file an Ohio medical malpractice claim. After your Cleveland medical malpractice attorney notifies the negligent party of intent to sue, legal action must begin within 180 days.
If you were not able to reasonably discover your injury within 3 years of the date the medical malpractice in Ohio occurred but did discover it before 4 years have passed, you will have up to a year from the discovery of your injury to begin legal action.
If 4 years have passed since the incident, you generally will be barred from seeking compensation. However, there are exceptions to this rule, which is why you should contact a Cleveland medical malpractice attorney to discuss your options.
Because the statute of limitations for medical malpractice claims can be a bit confusing, you should visit an Ohio medical malpractice law firm to get a thorough understanding of your time frame for filing a claim.
You trust your medical professionals to exercise due care when they have your life in their hands. When they breach this duty, causing you or a loved one harm, you have every right to seek restitution through an Ohio medical malpractice claim. An Ohio medical malpractice law firm has the resources to determine how medical malpractice occurred and which party or parties should be held accountable.
Ohio Medical Malpractice: Grounds for a Claim
Among the grounds for medical malpractice in Ohio are:
- giving the wrong diagnosis;
- failing to diagnose a condition;
- leaving surgical instruments inside a patient;
- administering the wrong medication;
- administering too much or too little anesthesia; and
- performing surgery on the wrong body part.
These are only a few of the grounds for filing a claim. An Ohio medical malpractice law firm can explain many other forms of negligence that could lead to compensation through a claim.
Ohio Medical Malpractice: Damages and Caps
Since 2002,Ohiohas put limits on compensation for non-economic damages, which include:
- permanent disfigurement;
- pain and suffering;
- loss of consortium; and
The damages cap is currently $250,000 per plaintiff or 3 times the economic damages, depending on whatever is higher. The maximum is $350,000 per injured individual and $500,000 for each occurrence. If you have suffered a catastrophic injury, the cap is $500,000 per individual and $1 million per occurrence.
Under Ohio medical malpractice law, catastrophic injuries include:
- substantial permanent physical deformity;
- loss of the use of a limb;
- loss of an organ system; and
- a physical injury that permanently prevents self-care.
There is no cap on economic damages for medical malpractice in Ohio. These damages include:
- medical expenses;
- lost earnings; and
- other quantifiable monetary losses.
If you are unsure whether you have a case worth pursuing, schedule a free consultation with the Cleveland medical malpractice attorneys at Mellino Law Firm.
Help From a Cleveland Medical Malpractice Attorney
If you have suffered severe injury or have lost a loved one as a result of medical neglect or medical malpractice in Ohio, it is important that you act quickly to protect your rights. Contact The Mellino Law Firm today at (440) 333-3800.