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Medical Malpractice Attorneys in Ohio
We trust medical providers to be experts at their jobs and to “do no harm.” But when you or a loved one suffers harm because of a health provider’s negligence, you may be able to obtain compensation for your losses by making a medical malpractice claim or lawsuit.
What is Medical Malpractice?
People working in the medical profession have a duty of care for their patients. They are required to provide treatment that conforms to a reasonable standard of care, which basically means the way in which other qualified medical practitioners would manage your care under similar circumstances. In other words, there is a customary and accepted way of treating patients.
When a doctor, hospital, or other health provider fails to provide treatment that meets the standard, malpractice may occur. For example, it’s a widely accepted standard for surgeons to scrub their hands before performing a procedure. If a surgeon fails to scrub before operating on you and you become infected with a bacteria transmitted by the surgeon, the surgeon may be guilty of malpractice.
Generally speaking, medical malpractice claims are those that “arise out of the medical diagnosis, care, or treatment of any person,” according to Ohio Rev. Code 2305.113.
Medical Malpractice includes:
- An act or omission that results in harm
- Negligent hiring, training, or supervision of medical staff
In the example above, failing to scrub before surgery could be considered an omission. An example of negligent hiring, training, or supervision could include a doctor’s office or clinic allowing a medical assistant to perform procedures for which he or she is not licensed or trained.
Common Medical Malpractice Issues & Questions
At Kisling, Nestico & Redick, our experienced lawyers have handled virtually every type of medical claim and can assist with every aspect of your case.
What Can We Help With?
Types of Medical Malpractice in Ohio
Health Professionals Subject to Medical Malpractice Claims
- Doctors or physicians
- Physical therapists
- Physician assistants
- Paramedics and EMTs
- Health clinics
- Residential care or assisted living facilities
- Nursing homes
- Ambulatory surgery centers
Common Medical Malpractice Injuries
- Wrong-site surgery
- Incorrect procedures
- Equipment left in the body
- Inadequate recovery care
- Needless internal damage
- Complications & Adverse Reaction
- Unnecessary trauma
Medical Malpractice Compensation in Ohio
Through a medical malpractice lawsuit, you may be able to recover compensation for the various losses related to the injuries you experienced due to a medical error. Under Ohio law, your losses are divided into economic and noneconomic damages and include your:
- Medical costs and hospital bills
- Loss of income
- Disability or physical impairment
- Pain and suffering
- Mental anguish
- Loss of consortium
Ohio Caps Medical Malpractice Compensation
In Ohio, there’s no limit on the amount of medical malpractice compensation you can receive for your economic damages (Ohio Rev. Code § 2323.43) but does limit noneconomic damages to $250,000 or three times your economic damages, up to 350,000 for each plaintiff (a total of $500,000 with multiple parties).
Damages could be higher if the malpractice led to the loss of a limb, organ system, permanent deformity, or permanent injuries that prevent you from caring for yourself. In these severe med mal cases, the limit is $500,000 or $1 Million with multiple parties.
Medical Malpractice Time Limits
It’s important to know that under Ohio Rev. Code 2305.113, you only have one year to file a medical malpractice lawsuit or until age 19 in the case of a minor. And while there are exceptions if your injuries don’t appear until later, don’t delay in talking to a qualified Ohio medical malpractice lawyer because if a claim is not filed within 4 years of the procedure, you could lose your chance of receiving any compensation for your injuries.
Filing a Medical Malpractice Claim: Process & Timeline
Medical malpractice can have serious and lasting consequences. A delayed diagnosis of cancer, heart disease, or stroke can mean the difference between life and death. An injury to an infant during birth can affect your child’s development throughout his or her lifetime.
Here is a general breakdown of the claim process and medical malpractice lawsuit process:
Identify The Medical Injury
In some cases, a medical error is obvious, and you’ll experience adverse symptoms right away. Other instances of malpractice may take a second opinion or an exhaustive diagnostic. Once you confirm that you’ve suffered a medical injury, the statute of limitations starts.
Consult a Medical Malpractice Lawyer
While not every case will require a lawsuit or insurance claim, an experienced attorney can advise you about your rights and the best course of action. Based on the situation, you may have a valid claim against a negligent doctor. In other scenarios, it may be a nurse or reckless hospital policy that’s to blame.
Investigate & Gather Evidence
Your attorney will review your medical records, interview witnesses, and consult independent medical experts to determine the extent of your injuries and the care you should have received.
The Certificate of Merit
An Affidavit of Merit is from a qualified medical professional that supports the validity of your claim. This document is required in Ohio medical malpractice cases and confirms that a certified medical professional has reviewed the records and agrees that a breach of the standard of care resulted in your injuries.
Filing a Malpractice Claim
The precise nature of how and when you file will depend on the situation In most cases your attorney will compile the filing documents and submit them to the appropriate parties and insurance companies.
Medical Malpractice Tribunal
This is the first step in an Ohio Malpractice lawsuit. It usually involves a judge, an independent attorney, and another doctor reviewing the Affidavit of Merit and other evidence to determine if enough evidence of malpractice exists to move forward. If the tribunal finds enough evidence, you case can proceed. If they find the evidence of malpractice is lacking, you can either withdrawal your claim or post a bond and enter litigation.
Discovery & Settlement Negotiations
Discovery is the formal process of sharing evidence between the parties involved in a medical malpractice case. Evidence secured during discovery may include internal hospital records, employee logs, and depositions under oath.While your case progresses, both parties will enter negotiations to resolve the malpractice case without a =trial. A settlement offer can happen at any time, but you should work with your lawyer to ensure any agreement is fair and fully compensates you for the injuries you endured.
Going to Court & Resolution
If a settlement is not reached, your malpractice case will move on to trial. This is where both parties submit evidence and make arguments to the court. While most malpractice cases settle out of court, there are strategic reasons to bring a case to court. But trials are complicated, time consuming, and stressful. Ultimately, a judge or jury will weight the evidence regarding fault and you damages and make a determination as to whether medical malpractice occurred and ho much you’re entitled to via judgment or verdict.
No two medical malpractice lawsuits are the same, and many factors influence how long your case may take. In complicated cases with multiple parties, disputed liability, and significant injuries, a medical malpractice case can take anywhere from a year to 3-5 years to fully resolve.
How an Ohio Medical Malpractice Lawyer Helps
At Kisling, Nestico & Redick, we take medical malpractice claims seriously. When you come to us for help, our team of experienced Ohio medical malpractice lawyers will investigate what happened to identify the cause, consult with experts who can help tell your story, and aggressively pursue justice, accountability, and the maximum possible compensation for your injuries and other losses.
KNR Gets Results in Medical Malpractice Cases
Kisling, Nestico & Redick has an extensive history of handling complex medical malpractice claims. Our attorneys have more than four centuries of combined experience fighting on behalf of injured people to obtain fair compensation from the medical providers responsible for harming you or your loved one.
As one of the largest personal injury firms in Ohio, we have significant knowledge and resources that we can apply to building the strongest possible case on your behalf, including a network of the kinds of medical professionals and expert witnesses who can support your claim. With offices all around Ohio, including Akron, Canton, Cincinnati, Columbus, and Cleveland, we are more than prepared to handle your medical malpractice case. We’ve helped thousands of injured Ohioans and our goal is to help make you whole after you’ve been the victim of medical negligence.
Call us now at 1-800-HURT-NOW or use our contact form below to learn what the Ohio medical malpractice lawyers at KNR can do to help you.