For non-lawyers, the legal system can be complicated and difficult to navigate, in even the most basic cases. A straightforward personal injury claim has deadlines that must be met, technical procedural and evidentiary issues to understand and address, the need for expert witness testimony, and other elements most non-lawyers aren’t aware of. Successfully bringing a more complex medical malpractice lawsuit, such as one involving allegations of medical negligence, can be difficult. To give yourself the best chance of a successful result, you should hire an experienced medical malpractice attorney to handle your case and bring it to a successful resolution.

Claims of Medical Malpractice Are Some of the Most Difficult Cases

Most lawyers would agree, medical malpractice claims are some of the most complex, contentious, and difficult cases to bring in the American legal system. The challenges facing victims of medical malpractice include:

A Short Statute of Limitations

Most Ohio personal injury claims are governed by a 2-year statute of limitations. But medical malpractice claims in Ohio are subject to a 1-year statute of limitations. This means victims of medical malpractice have only one year to bring a lawsuit against negligent healthcare providers. Failure to do so means their claim is barred.

Difficulty Determining When the Statute of Limitations Began to Run

In addition to the short statute of limitations, victims of medical negligence often experience difficulty determining when the 1-year statute of limitations started. Unlike a car accident, where the date of injury is clear, some cases of medical negligence take time to discover. Then there is the question of when a person actually discovered that they were injured during a medical procedure, versus when a person reasonably should have discovered that they were injured.

The Affidavit of Merit Requirement

Ohio Civil Rule 10(D)(2) requires that a complaint alleging medical malpractice be accompanied by an “affidavit of merit” from a qualified expert. Under this rule, a victim of medical malpractice must have their case reviewed by a professional who practices in the same field as the defendant and believes, to a reasonable degree of probability and certainty, that the defendant’s conduct fell below the applicable standard of care. Only then can they file their lawsuit.

Complex Medical Evidence

Law and medicine both use technical jargon. Doctors and lawyers both attend years of professional school and have practiced for years in their respective professions. People who lack this technical training often have difficulty understanding the complex technical terms that are used. When these two fields intersect in a medical malpractice case, the result is a technical minefield that a victim must navigate to even have a chance at receiving fair and adequate compensation for their injuries.

Law and medicine both use technical jargon. Doctors and lawyers both attend years of professional school and have practiced for years in their respective professions. People who lack this technical training often have difficulty understanding the complex technical terms that are used. When these two fields intersect in a medical malpractice case, the result is a technical minefield that a victim must navigate to even have a chance at receiving fair and adequate compensation for their injuries.

In addition to the complex legal requirements, a medical malpractice lawyer must fully understand the complex medical terminology that is at issue in the case, and be able to explain to a judge and jury what should have happened, what went wrong, and how the medical provider’s negligence injured his client. In addition, a medical malpractice lawyer must be well-versed enough in the medical techniques at issue to explain them to a jury and cross-examine the defendant and the defendant’s expert witnesses who will be called to testify why the defendant was not negligent.

Damage Caps

As if all this wasn’t enough, Ohio has placed statutory limitations on damages that a victim of medical negligence can recover. Specifically, non-economic damages are limited to $250,000 or an amount that is 3 times the plaintiff’s economic loss, whichever is greater.

How to Protect Your Medical Malpractice Claim

Even though the deck is stacked against victims of medical negligence in Ohio, with the assistance of a skilled and experienced attorney, victims can and do recover compensation for their injuries.

If you or someone you love was a victim of medical negligence, there are things you can do to protect yourself, your rights, and the viability of your claim.

Don’t Ignore Symptoms

If you recently received medical treatment and suspect something is wrong, don’t ignore your symptoms and think the problem with just go away. Follow-up with your doctor and, if necessary, seek a second opinion.

Seek Medical Care and Follow-up as Directed

If something seems off about your medical condition, you are experiencing unusual symptoms, or recovery is taking longer than it should have, contact your doctor and schedule a follow-up appointment. If the doctor prescribes a particular course of treatment, follow your doctor’s advice. And if your symptoms still don’t resolve, get worse, or something still doesn’t seem right, seek a second opinion.

Keep Records of Appointments and Conversations with Your Doctors

Write notes as soon as possible after your appointment with a medical provider. Keep notes and your own personal records of what the doctor said, the symptoms you were experiencing, what the doctor recommended, and who else they recommended that you contact. Do your best to record your thoughts as soon as possible after the appointment, while the information is still fresh in your mind.

Hire an Experienced Medical Malpractice Attorney As Soon As Possible

If you suspect something went wrong, don’t hesitate to contact an experienced medical malpractice attorney.

At Robenalt Law, we handle claims of medical negligence on a contingency fee. This means we don’t take a fee unless we recover money for you. Your initial consultation is free and confidential. We will discuss your case, help determine whether you might have a claim for medical negligence and begin an investigation. We can even request your medical records and begin our investigation while treatment with your doctor is ongoing.

Based on our years of experience, we have found that it is much better in the long run if you reach out to us earlier rather than later. The earlier you bring in an attorney, the more time we will have to evaluate your case, determine whether the medical provider was negligent, protect your rights, and seek compensation for your injuries. We would much rather have you reach out to us and learn that you do not have a case than to contact us too late only to learn that you did have a case but you waited too long.

Robenalt Law Fights for Victims of Medical Malpractice

Navigating the legal system is complicated under the best of circumstances. But you don’t have to do it alone.

When you work with Robenalt Law, we will:

• Analyze the circumstances of your case to determine the applicable statute of limitations dates
• Ensure that all filing deadlines are met
• Identify and work with experts to fulfill Ohio’s affidavit of merit requirement
• Hire an expert to review your records to demonstrate that the defendant failed to meet the applicable standard of care
• Work with the appropriate experts to establish damages and your right to compensation

Learn how we help victims of medical malpractice and their families, read testimonials from other people we’ve helped, then contact us today to schedule a free, confidential consultation to discuss your case and how we can help.

Tom Robenalt started his litigation career representing doctors and hospitals at a large firm in Cleveland. For the past 25 years, he has used that experience to help victims and the families of those injured by negligent health care providers.