If you’ve filed a medical malpractice claim in Ohio, you may be wondering under what circumstances it may be dismissed. We go over potential reasons below, plus how a qualified attorney like those at The Mellino Law Firm can help decrease the chances of a successful dismissal.
The Statute of Limitations Expired
Every state has what is called a statute of limitations, or a time limit in which an injured party can file a lawsuit against the alleged at-fault party. For medical malpractice claims in Ohio, this time frame is one year, or two years if someone has died from malpractice.
However, some exceptions exist. If the victim was a minor at the time of the injury, they have one year after their 18th birthday to file. If your injury was found later, such as in the case of objects left inside a patient during surgery, then the statute of limitations starts upon discovery.
If you waited to file your claim until after the statute expired, and no special provisions apply, your case will likely be dismissed.
There’s a Lack of Causation
To hold a doctor or hospital liable for medical malpractice, you must be able to prove that their negligence directly caused you to become injured by a preponderance of evidence. This means that after reviewing all the available evidence, a reasonable person would conclude that the at-fault party was more likely responsible than not.
If you cannot prove the following, the defendant’s attorney may file a motion to dismiss your case:
- You or a loved one were a patient and were owed a duty of care by the doctor or hospital treating you, and
- The doctor or hospital breached the current medical standard of care in a way that another provider with the same credentials would not have, and
- The breach directly resulted in you or your family member being harmed, and
- The harm that was caused resulted in significant economic or non-economic damages
Further Reading: What Are the 4 C’s in Medical Malpractice?
There’s Not Enough Evidence, or Evidence is Weak
To prove all of the above, you likely need a substantial amount of evidence. This includes things like medical records that detail your care and a medical expert witness to testify that the care you received was negligent or harmful. It’s also important to have records of your injuries, including photographs to illustrate their severity if applicable.
If you lack enough evidence or you don’t have a qualified medical expert witness, your case could be dismissed. Or, you could go to trial and end up losing.
Further Reading: Evidence Needed To Prove a Medical Malpractice Claim
The Damages Are Insufficient
Even if you are able to prove that a medical professional was negligent in your care and have plenty of evidence to show for it, your case could still be dismissed if the damages caused were insufficient.
For example, if a doctor administered the wrong kind of medicine, but you had no adverse effects, it’s unlikely that you could successfully sue. Despite the fact that the doctor made a mistake, no harm actually occurred.
Further Reading: Damages Recovered in Ohio Medical Malpractice Claims
The Importance of Working with a Qualified Ohio Medical Malpractice Lawyer
After being injured due to medical malpractice, it’s crucial to work with an experienced attorney who can review your case and determine if it meets the standards required for a successful outcome. If your case is weak and your lawyer takes it all the way to trial, you could lose and be stuck with the legal bills and no settlement to help cover them.
Schedule Your Free Consultation with The Mellino Law Firm Today
At The Mellino Law Firm, we let you know how strong your case is and how likely it is that we can win it for you. If it stands a good chance of being dismissed, we’re transparent with you so you can make the best decision on how to move forward.
Contact us today to learn more or to schedule your free initial consultation by calling (440) 333-3800. You can also tell us about your case using our online form, and we’ll get back to you as soon as possible to answer your important questions.