Understanding Medical Malpractice in Ohio: Part 1 October 23, 2018.
Medical malpractice can happen to anyone, anywhere. If you are the unfortunate recipient, getting a legal advocate on your side is critical for the success of your case.
What is Medical Malpractice?
Whenever a physician or a doctor injures a patient in the course of treatment, it is considered medical malpractice. In order for an injury to be considered medical malpractice, the injury sustained by the doctor, acting physician or hospital must be proven to be a violation of the standard of care that practitioners are required to give to their patients.
In most cases, medical malpractice cases arise from negligence on the physician’s part. Such examples of medical negligence are the following:
- Prescribing the wrong medication
- Failing to make the proper diagnosis
- Post-surgical infections
- Operating on the wrong part of the body or on the wrong patient
Ohio Law and Medical Malpractice
If you are filing a medical malpractice claim in Ohio, there are several factors that could affect your case. Ohio laws determine the amount of time you need to file a claim, what qualifies as a medical malpractice claim and how much money you can receive if you win the case.
Statute of Limitations
Medical malpractice cases in Ohio follow a specific timeline, so you have a limited amount of time to file a lawsuit. It varies state-to-state, but Ohio’s statute of limitations is one year from the patient’s discovery of the injury. Before filing a claim, you must first get a merit provided by a medical expert, stating that you have in fact sustained a significant injury due to medical malpractice. This helps to verify the validity of the medical claim. It is important to note that you cannot file a medical malpractice suit four years after the initial injury occurred. If a medical device was left inside of you from a surgery, according to Ohio law, you have a year to file a claim after the discovery.
If you are nearing the end of your statute of limitations, you can file a "180-day letter" for an extension. This must be done before your one year is up and you need to come to a decision before the 180 days is up, or you forfeit your right to a lawsuit. Staying within Ohio’s statute of limitations is the difference between losing your case and receiving compensation for the injuries you received.
Seek Legal Assistance Today
Undertaking a medical malpractice case is something you do not want to handle by yourself. It is crucial to find an experienced medical malpractice attorney. At The Mellino Law Firm LLC, we are committed throughout the complicated and stressful legal process, combining our specialized medical knowledge, trial skills and negotiating talent to obtain full and fair compensation for you. Our dedicated medical malpractice attorneys ensure that nothing is overlooked during your case. Contact us today to learn more.
