When a hospital, medical clinic, physician, or other medical provider fails to meet the standard of care and a patient is harmed, the consequences can last a lifetime. Legal claims for medical malpractice encompass a wider range of circumstances than many people may realize. Yet the same legal framework applies to all claims for medical negligence. Understanding the common causes of medical malpractice in Ohio can help injured patients recognize their situation and understand their options for moving forward.

Key Takeaways:

• Proving a case of medical malpractice requires establishing four elements: duty, breach, causation, and damages. This framework applies in almost all negligence cases, including claims for medical malpractice.
• The most common types of medical malpractice claims include delayed diagnosis, failure to treat a known condition, medication errors, surgical errors, anesthesia errors, birth injuries, nursing home abuse or neglect, and hospital-acquired infections.
• Almost every medical malpractice case in Ohio must be filed within one year from the date the cause of action accrues and must be accompanied by an Affidavit of Merit.
• Compensation for medical malpractice can include economic losses like medical bills and lost wages, and non-economic losses like pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium. Non-economic losses are subject to damage caps.

What Is Medical Malpractice?

Medical malpractice occurs when a healthcare provider’s care falls below the accepted standard of care for their profession, and that failure harms a patient. Proving a case of medical malpractice requires establishing four elements by a preponderance of the evidence:

Duty

In the healthcare setting, a legal duty arises as soon as the medical provider agrees to treat the patient. The medical provider owes a legal duty to treat the patient with the same skill and care as a reasonably prudent and similarly trained medical professional would in the same or similar circumstances.

Breach

Breach occurs when the medical provider fails to act with the required degree of care. Proving a breach of duty in a medical malpractice claim almost always requires expert testimony that shows how the medical provider fell short of the standard of care.

Causation

The injured patient must prove the medical provider’s breach of duty caused their harm. In a medical malpractice case, causation is generally established by showing that the patient’s health situation was made worse because of the medical provider’s actions or failure to act.

Damages

Damages represent the amount of harm the medical provider caused. They are expressed as a sum of money that will compensate the injured person for their injuries and other losses. In a medical malpractice case, damages often include the cost of medical bills, lost income, pain and suffering, and decreased quality of life.

Common Causes of Medical Malpractice

Medical malpractice is a unique type of personal injury claim that applies to negligence that occurs in the healthcare context. Nonetheless, it covers a wide range of situations involving substandard medical care. Common causes of medical malpractice in Ohio include:

• Missed diagnosis: Also known as delayed diagnosis, missed diagnosis occurs when a medical provider fails to accurately diagnose a patient’s condition or fails to recognize a particular condition or disease, allowing it to progress unchecked.
• Failure to treat a known condition: The medical provider identifies the correct condition but does not prescribe the correct treatment, delays treatment, or stops the treatment too soon. In some cases, failure to treat a known condition can lead to amputation or other catastrophic results.
• Medication errors: Mistakes in preparing or administering medication include giving the wrong medication, the wrong dose (too much or too little), administering a medication that is past its expiration date, injecting medication in the wrong area, or failing to account for unsafe drug interactions. Any of these medication errors can cause serious harm or death.
• Surgical errors: A surgeon who operates on the wrong body part, performs the wrong procedure, operates on the wrong side of the body, cuts without knowing what they are cutting, fails to diagnose and treat an infection related to the surgery, or leaves medical instruments inside the patient’s body are all examples of surgical errors that can harm a patient.
• Anesthesia errors: Anesthesia errors are one of the most common causes of medical malpractice in Ohio. When a medical provider makes mistakes with anesthesia, such as administering the wrong dose, failing to monitor a patient during surgery, administering too much or too little anesthesia, or when the patient has an allergic reaction to anesthesia, the patient can suffer oxygen deprivation and permanent brain damage.
• Birth injuries: Harm to the mother or baby that occurs during labor and delivery that may be caused by a delayed delivery, a mismanaged complication, or failure to monitor the mother or baby. Injuries during birth can cause severe and lasting harm to a newborn, including cerebral palsy, brain damage, paralysis, or death.
• Nursing home neglect: When nursing home staff fail to provide basic care, residents may experience untreated bedsores, malnutrition, dehydration, or medication mismanagement.
• Hospital-acquired Infections: Hospital patients can develop serious, life-threatening infections caused by unsanitary conditions, skipped or overlooked treatment protocols, or mismanaged care. In severe cases, an untreated infection can result in a coma or death.

While the cause and type of harm may differ in each situation, proving medical malpractice requires establishing the same four elements: duty, breach, causation, and damages.

Every Cause Faces the Same Filing Deadline and Expert Requirement

Under Ohio Civil Rule 10(D)(2), almost every case of medical negligence must include an Affidavit of Merit. The injured person must have their case reviewed by a medical professional who must meet the applicable qualifications under Ohio Evid.R. 702. The expert must state, to a reasonable degree of medical probability and certainty, that they believe the defendant’s conduct fell below the applicable standard of care. A Complaint filed without an Affidavit of Merit is subject to dismissal.

Unlike most personal injury claims, which are subject to a two-year statute of limitations, Ohio applies a one-year statute of limitations to medical malpractice cases. This is the shortest statute of limitations in Ohio and among the shortest in the country. Ohio also applies a four-year statute of repose, which means the case must be filed no more than 4 years from the date of the alleged malpractice. This law does not apply to certain claims involving foreign objects left in the patient’s body after a surgical procedure.

The short statute of limitations and enhanced filing requirements mean a medical malpractice victim must act quickly to gather evidence, investigate their claim, and retain the appropriate experts.

Understanding Damages Available in a Medical Malpractice Case

Damages in a medical malpractice claim include compensation for economic and non-economic losses and, in some cases, punitive damages. Along with understanding the most common causes of medical malpractice in Ohio, it’s important to be aware of the difference between these types of damages:

• Economic losses include medical bills, out-of-pocket costs, and lost wages. They are not subject to damage caps.
• Non-economic losses refer to intangible, non-monetary harms like pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium.
• Punitive damages may be available in cases involving actual malice or a conscious disregard for the patient’s safety.

Non-economic losses are subject to damage caps. An injured person cannot recover more than $250,000 or three times their economic losses, whichever is greater. If a person’s injuries are found to be “catastrophic,” the limit for non-economic losses increases to $500,000. Damage caps do not apply to wrongful death cases, which are governed separately.

Work With a Knowledgeable Ohio Medical Malpractice Attorney

Medical malpractice claims are among the most complex and contentious civil lawsuits that can be filed. The stakes are high, and medical providers and their insurers defend them aggressively. Working with an experienced medical malpractice attorney who understands the common causes of medical malpractice in Ohio can increase your likelihood of a successful claim.

The medical malpractice attorney team at Robenalt Law has decades of experience handling complex medical malpractice claims throughout Ohio and across the country. Robenalt Law has offices in Cleveland and Columbus, and handles medical malpractice claims throughout Ohio and nationwide. Call our Cleveland office at (216) 354-1911 or our Columbus office at (614) 321-8739 or contact us online to schedule a free, confidential, no-obligation appointment to discuss your situation and how we can help.