Things You Should Know About Ohio Medical Malpractice Law

Every year, hundreds of thousands of people are harmed by preventable medical errors made by the very professionals they trusted with their health. When a doctor misses a diagnosis, a surgeon operates on the wrong body part, or a nurse administers the wrong medication, the consequences can be devastating.

Medical professionals are not expected to be perfect. But they are expected to meet the standard of care. When they fall short of that standard, the law provides a path to accountability and compensation for the individuals who were harmed.

If you suspect a healthcare provider or medical facility made a mistake that harmed someone you love, understanding your rights is the first step. Medical malpractice cases are among the most difficult types of legal claims to bring, and in Ohio, they are subject to a very short one-year statute of limitations. You must act quickly to protect your rights.

Medical Malpractice Can Take Many Forms

Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care and causes harm to a patient. Medical malpractice can take many forms, including:

• Performing surgery on the wrong patient
• Operating on the wrong body part
• Damaging surrounding organs during surgery
• Leaving surgical implements inside the patient’s body after surgery
• Anesthesia errors that cause brain injury or death
• Failing to prevent a post-operative infection
• Administering the wrong medication or the wrong dose
• Failing to take precautions to prevent a patient from falling out of bed
• Allowing a patient to go too long without oxygen
• Injuring a mother or baby during delivery
• Abusing or neglecting a patient
• Failing to administer medications to a patient as prescribed

Ohio Applies Strict Legal Requirements for Filing a Medical Malpractice Case

Ohio “tort reform” efforts have made it more difficult to file a medical malpractice lawsuit. Before filing a Complaint, the injured patient must have their case reviewed by a professional who practices in the same field as the defendant and who 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 this Affidavit of Merit is subject to dismissal.

Ohio Requires Four Elements to Prove Medical Malpractice

To prove a case of medical malpractice, the patient must prove the following four elements:

1. Duty. The defendant owed the patient a duty of care.
2. Breach. The defendant acted negligently and breached their duty of care to the patient.
3. Causation. The defendant’s breach of duty caused injury to the patient.
4. Damages. The patient was harmed as a result.

To put it another way, it is not enough to simply say the patient did not get better. To prove a case of medical malpractice, the patient must prove, by a preponderance of the evidence, that the defendant did not follow the standard of care and their failure to do so resulted in harm to the patient.

Doctors, Hospitals, and Clinics Can All Be Sued for Medical Malpractice

When people think of medical malpractice, they often think of mistakes made by surgeons. But doctors and other healthcare providers can be held liable for other errors that harm patients. Liability can also extend to medical facilities and practices that employ healthcare providers. These practices and the healthcare providers they employ have a duty to patients. When they violate that duty and a patient is harmed, they can and should be held liable.

Ohio’s Statute of Limitations for Medical Malpractice Is Among the Shortest in the Country

Ohio’s one-year statute of limitations on medical malpractice is among the shortest in the country. In rare circumstances, a Court will allow a claim to be filed within a year of the date of discovery of the alleged malpractice. For an injury to a person under the age of 18, the statute of limitations expires at age 19, or 1 year from the date the minor reaches the age of majority (age 18).

There is also a statute of repose - that law states that for any claim for an adult, the case has to be filed within 4 years from the date of the alleged malpractice. This law does not affect certain types of claims including retained foreign objects from a surgical procedure.

Obviously, the analysis of these statutes is complicated and it is best to immediately contact a lawyer to review the facts and circumstances of each claim. They are strictly construed by Courts and can be used by a Court to reject a claim for medical malpractice, so act quickly to speak with a lawyer.

Medical Malpractice Cases Are Extremely Complicated, But Our Attorneys Can Help

Claims for medical malpractice are among the most complex and contentious lawsuits to bring in the American legal system. Success requires representation by an experienced medical malpractice attorney with the expertise and resources to gather and analyze complex medical evidence and present it in a compelling way.

With decades of experience handling complex medical malpractice claims, the attorneys at Robenalt Law can evaluate whether you have a claim, fight to protect your rights, and help you recover the compensation you deserve.

Contact the Medical Malpractice Attorneys at Robenalt Law Today

Robenalt Law has offices in Cleveland and Columbus, and handles medical malpractice claims throughout Ohio and nationwide. Call our Cleveland office at (216) 223-7535 or our Columbus office at (614) 695-3800 or contact us online to schedule a free, confidential, no-obligation appointment to discuss your situation and how we can help.