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Ohio Medical Malpractice

Ohio recognizes medical malpractice, commonly referred to as "med mal," as a negligence claim available to patients injured as a result of treatment by an Ohio healthcare provider.Med mal claims arise when an Ohio medical professional's level of care falls short of the standards set by the profession and causes a patient harm. A medical malpractice claim can come from negligence across a variety of situations including:

  • Failure to diagnose or improper diagnosis
  • Injury during surgery
  • Improper treatment or failure to treat
  • Incorrect prescriptions

If a patient discovers an injury or harm following medical treatment or a medical procedure, he should contact an Ohio medical malpractice attorney for a consultation on whether or not there is a legitimate medical malpractice claim.

Who may Commit Medical Malpractice in Ohio

An individual or entity that is considered a healthcare professional can commit medical malpractice in Ohio.Generally a healthcare professional in Ohio is any person or facility that provides medical care and can be either an individual such as a physician, a nurse, a dentist, or a podiatrist, or an institution such as a hospital, assisted living facility, or a clinic.For questions about whether or not a person or a facility is considered a medical professional, consult an Ohio medical malpractice lawyer for assistance. Oho Medical Malpractice Statute of Limitations

The Statute of Limitations on Ohio medical Malpractice Claims is as Follows

  • One year after the injury or harm is discovered, or with reasonable due diligence by the patient should have been discovered; or
  • Within four years of the act or omission that caused the patient's injury or harm.If the discovery of the injury happens after the third year, than the patient has one full year, even if the claim is filed after the fourth year.
  • For minors who have been injured, the statute of limitations does not commence until the minor is over 18.

For questions about whether or not the statutes of limitations has run on a medical malpractice claim in Ohio, a patient should consult an Ohio med mal lawyer.

Damages Limitations on Ohio Medical Malpractice Claims

Ohio law places a limit on the value of non-economic damages a plaintiff in a medical malpractice claim that is broken down as follows:

  • Damages capped at the greater of $250,000 or three times the economic damages per plaintiff
    • Regardless of the number of plaintiffs, non-economic damages are capped at $500,000
  • If the plaintiff has suffered permanent and substantial harm, loss of a limb, or is unable to care for themselves after an injury than the plaintiff may recover up to $500,000.
    • Regardless of the number of plaintiffs in this type of case, non-economic damages are capped at $1,000,000

Non-economic damages in Ohio typically include any damages for any pain and suffering the patient has caused.For questions about damage limitations on Ohio medical malpractice claims, consult an Ohio med mal attorney prior to filing a claim.

How to File a Medical Malpractice Claim in Ohio

Before filing a medical malpractice claim in Ohio, it is critical to consult an Ohio medical malpractice attorney.The process of filing a medical malpractice claim is riddled with technical legal procedure and process that requires an experienced individual to navigate.A medical malpractice attorney in Ohio can ensure that a claim is less likely to be dismissed.Even an injured plaintiff could file a claim that would not be dismissed, the defendants in a medical malpractice case are well represented by attorneys and insurance companies that are experienced and prepared with the best possible defense to the action.A medical malpractice attorney in Ohio is able to level the playing field and help an injured plaintiff to a fair recovery for the harm caused.Any injured party considering a medical malpractice action should obtain the services of an Ohio med mal attorney prior to taking action.

Ohio Revised Code

  1. Who May Commit Medical Malpractice in Ohio
    1. Ohio Revised Code, Title 23, Chapter 2305 § 2305.113
  2. Ohio Medical Malpractice Statute of Limitations
    1. Ohio Revised Code, Title 23, Chapter 2305 § 2305.113
  3. Damages Limitations oh Ohio Medical Malpractice Claims
    1. Ohio Revised Code, Title 23, Chapter 2323 § 2323.43
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