How to File a Medical Malpractice Lawsuit in Ohio

Mar 04, 2014

Everyday across Ohio and throughout the country, people leave hospitals and other healthcare facilities with concerns about the quality of the medical care they received. Medical malpractice occurs when a doctor or other healthcare provider causes injury to a patient through a negligent action or failure to take a medically appropriate action. Medical malpractice could result from errors in diagnosis, treatment, aftercare, or health management. Medical malpractice claims must have the following characteristics:

  • There was a violation of the standard of care
  • An injury was caused by the negligence
  • The injury resulted in significant damages

Individuals who are injured through the actions of healthcare providers file medical malpractice lawsuits with the hopes of recovering damages. Medical malpractice lawsuits can be filed against any licensed healthcare provider, including doctors, nurses, technicians, psychologists, and psychotherapists.

To prove that medical malpractice occurred, you have to be able to show that a provider-patient relationship existed, or in other words, that you hired the healthcare provider and the provider agreed to be hired. Types of harm that patients can sue for include physical pain and suffering, emotional distress, additional medical bills, and lost work and earning capacity.

Ohio Medical Malpractice Statute of Limitations

In the State of Ohio, a plaintiff must commence a medical malpractice action within one year of the date of the incident. However, if the claimant could not have discovered the injury three years after its occurrence but discovers it within four years, the person may commence an action no later than one year after discovering the injury. If the negligent act or omission involves a foreign object left in the body, the plaintiff must file a claim no later than one year from the date the foreign object is discovered or should have been discovered. If a medical malpractice claimant provides a written notice to the defendant during the one-year limitation period, the claimant may file a lawsuit within 180 days of the notice date.

In Ohio, non-economic damages in medical malpractice cases are capped at $250,000 or three times the plaintiff’s economic loss. Non-economic damages are not to exceed $350,000 per plaintiff or $500,000 per occurrence. There are no limits for economic damages. Awards are offset by compensation from other sources, such as the plaintiff’s insurance, that are paid or likely to be paid within 60 months of judgment.

Why You Should Consult an Ohio Medical Malpractice Lawyer

There are many types of cases that can be handled without legal representation, but medical malpractice isn’t one of them. A complex body of rules regulates medical malpractice law, so it’s essential to get advice or representation from an experienced Ohio medical malpractice lawyer. If you think you’ve been injured as a result of medical malpractice, seek legal counsel as soon as possible and be sure to file your case before the statute of limitations expires. You’ll need to gather as much information about your case as you can, including relevant medical records, employment records so you can be compensated for lost wages, and other similar documentation.

The Ohio medical malpractice lawyers at Agee Clymer Mitchell & Portman offer top-notch legal representation to medical malpractice victims. We’ll ensure that your case is filed in a timely and professional manner and work hard to obtain the compensation you need and deserve. We have office locations throughout Central and Southern Ohio. Contact us today to schedule a medical malpractice consultation!

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Worker’s Comp Lawyers Columbus, Ohio - Agee Clymer

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