Who Is Liable for Hospital Negligence in Ohio?
When a patient makes a medical malpractice claim against a hospital, the question of liability can be complex. More than one party may be responsible, and the legal theory that applies depends on who made the mistake and what their relationship to the hospital was.
Vicarious Liability, Apparent Agency, and Negligent Credentialing
Ohio hospital negligence claims usually turn on one of three legal theories:
- Vicarious liability (respondeat superior). A hospital is generally responsible for the negligence of its employees acting within the scope of their jobs. Employees include staff doctors, nurses, technicians, administrators, and other personnel who work for the hospital and are paid directly by it. If an employed nurse or physician harms a patient through negligence, the hospital can be held liable for that conduct.
- Apparent (ostensible) agency. Many physicians who treat patients in a hospital, especially in the emergency room, are technically independent contractors rather than employees. Even so, a hospital can be liable for their negligence when the patient reasonably believes the provider is part of the hospital’s staff. Because patients rarely know which ER or contracted physician is an employee and which is not, apparent agency is a key theory in hospital cases.
- Negligent credentialing. Hospitals have a duty to vet the providers they allow to practice within their walls. When a hospital grants or keeps privileges for an unqualified, impaired, or dangerous provider, it can be directly liable for negligent credentialing if that provider later harms a patient.
Identifying every responsible party, the hospital, an employed provider, a contracted physician, or a staffing company, is one of the most important parts of building a strong hospital negligence claim.
Malpractice Claims for a Hospital Error
Any case that involves medical malpractice on the part of a hospital should always be managed by a qualified and skilled attorney. Medical malpractice cases are far more serious than a dispute with a hospital over insurance or other administrative issues. Hospitals almost never settle malpractice claims lightly, in part to protect their reputation within a local community.
To prove medical malpractice in Ohio, an injured patient generally must establish four elements: that the provider owed a duty of care, that the provider breached the accepted standard of care, that the breach caused the injury, and that the patient suffered damages as a result. The burden of proof rests on the patient, which is why these cases require detailed medical evidence and qualified expert testimony.
According to the American Bar Association, most medical malpractice claims begin as lawsuits, meaning it is almost always necessary to file suit to obtain any kind of settlement. These cases are complex and require patience as well as detailed legal knowledge. Qualified malpractice attorneys often understand medical terminology and health care nearly as well as some trained medical professionals.
Ohio Medical Malpractice Statute of Limitations
Ohio sets strict deadlines for hospital negligence and medical malpractice claims. Under Ohio’s statute of limitations for medical claims, ORC 2305.113, you generally have one year to file a lawsuit, measured from the date the injury was discovered or reasonably should have been discovered. This is known as the discovery rule, and it matters because some hospital errors are not obvious right away.
Ohio law also imposes a four-year statute of repose. In most cases, a medical claim cannot be brought more than four years after the act or omission that caused the injury, even if the harm is discovered later. Limited exceptions exist, including special considerations for minors and for injuries that could not reasonably have been found within the four-year window. Because these rules are technical and the deadlines are unforgiving, it is important to speak with an attorney as soon as you suspect a hospital error so your claim is not barred before it begins.
Affidavit of Merit Requirement (Ohio Civ.R. 10(D)(2))
Ohio does not allow a medical malpractice claim to move forward on suspicion alone. Under Ohio Civil Rule 10(D)(2), a complaint that alleges medical negligence must be accompanied by an affidavit of merit from a qualified medical expert. In that affidavit, the expert reviews the records and states that the care fell below the accepted standard and that the breach likely caused the patient’s injury.
This requirement is one reason hospital negligence cases need a firm with the resources to identify, retain, and work with credible medical experts early. Without a qualified expert affidavit, even a strong-sounding claim can be dismissed at the outset.
Compensation for Hospital Mistakes
Through a medical malpractice lawsuit, you may be able to recover compensation and damages for the various losses related to the injuries you experienced because of a hospital error. Under Ohio law, these losses are divided into economic and noneconomic damages and include your:
- Medical costs and hospital bills
- Loss of income
- Disability or physical impairment
- Disfigurement
- Pain and suffering
- Mental anguish
- Loss of consortium
Economic damages cover measurable financial losses, while noneconomic damages address pain, suffering, and similar harm. Ohio places certain limits on noneconomic damages in many medical claims, though those limits do not apply in every case, particularly where catastrophic or permanent injuries are involved. We can explain how these rules may affect the value of your specific claim.
Why Choose KNR’s Ohio Hospital Negligence Lawyers
Medical malpractice cases are often complicated and may not be cut-and-dried even though it seems so to you. In Ohio, the process of proving hospital negligence is both complex and costly. That is why it is important to hire an Ohio hospital negligence lawyer with experience and a proven track record of results.
At Kisling, Nestico & Redick, our Ohio hospital negligence lawyers have extensive experience helping people who have been harmed by medical negligence obtain the maximum possible compensation for their injuries and losses. We perform exhaustive investigations into hospital errors to determine the true cause of your injuries and then pursue the responsible parties aggressively on your behalf.
As one of the largest personal injury firms in the state, we have the knowledge and resources to pursue these types of cases, including a network of top investigators, medical professionals, and expert witnesses we can call upon to support your claim.
Ohio Hospital Negligence FAQs
Is hospital negligence the same as medical malpractice?
Hospital negligence is a type of medical malpractice. Medical malpractice is the broader term for any negligent care by a health care provider that injures a patient. Hospital negligence focuses on the hospital’s own responsibility, either for the negligence of its employees and apparent agents or for institutional failures such as understaffing, poor sanitation, or negligent credentialing.
How long do I have to file a hospital negligence claim in Ohio?
Ohio generally gives you one year to file a medical malpractice lawsuit, measured from when the injury was discovered or reasonably should have been discovered, under ORC 2305.113. A four-year statute of repose also applies, which usually bars claims brought more than four years after the negligent act, with limited exceptions. Because the deadlines are short and technical, you should speak with an attorney as soon as possible.
Can a hospital be held responsible for its doctors and nurses?
Often, yes. A hospital is generally liable for the negligence of its employees under vicarious liability, and it can also be liable for emergency room and contracted physicians under apparent agency when a patient reasonably believes those providers are part of the hospital staff. A hospital may also be directly liable for negligent credentialing if it allowed an unqualified provider to treat patients.
Do I need an expert to file a hospital negligence case in Ohio?
Yes. Ohio Civil Rule 10(D)(2) requires that a medical malpractice complaint include an affidavit of merit from a qualified medical expert who has reviewed the records and confirms that the care fell below the accepted standard and likely caused the injury. This is one reason it is important to work with a firm that has the resources to retain credible medical experts.
What compensation can I recover for a hospital error?
You may be able to recover economic damages such as medical bills and lost income, and noneconomic damages such as pain, suffering, disfigurement, and loss of consortium. The value of a claim depends on the severity of the injury and the specific facts of your case. We can review your situation and explain what compensation may be available.
Contact KNR about a Possible Hospital Error
We offer a free initial consultation to evaluate your claim and discuss your legal options. With offices in Akron, Canton, Cincinnati, Cleveland, Columbus, Dayton, Toledo, and Youngstown, our medical malpractice attorneys serve clients throughout Ohio. We will travel to your location if you are unable to make it to one of our offices due to your injuries.
Call Kisling, Nestico & Redick at 1-800-HURT-NOW, or contact us online, to schedule a free consultation with our Ohio hospital negligence attorneys. We do not charge an attorney fee unless you recover compensation for your case.
