Medical malpractice refers to harm that a medical professional causes as a result of negligent conduct. Not all harm you may sustain while getting medical care is considered malpractice, however, so differentiating when you may be entitled to compensation can often be complex.
To understand what to expect from this process, it can help to know a bit about the legal terms you could encounter. Learn more about medical malpractice and when you may be able to begin a claim.
What Is Medical Malpractice According to Ohio Law?
Ohio law states that medical malpractice happens when healthcare providers deviate from an expected care standard, leading a patient to suffer injuries. To be able to begin this type of claim, you will need to show that the party owed you a duty of care. This means proving that a patient-provider relationship existed.
Then, you’ll have to show that the defendant breached that duty by not offering appropriate care. You must then demonstrate that this breach resulted in the injuries you sustained and that you can be compensated for them.
Standard of Care in Healthcare Settings
The term “standard of care” in healthcare settings refers to the type and level of care a competent professional would reasonably offer. It’s established by looking at other providers in the field with similar training and experience.
The standard of care will differ from one type of provider to another. A heart specialist, for example, has a different standard of care than a dentist.
If the standard of care falls below what’s expected, you may be able to begin a medical malpractice claim to recover what you lost.
What Is Informed Consent?
Another common term you may come across is “informed consent.” Medical professionals are supposed to offer all of the information you need to make a decision on the treatments you receive. They must tell you about all of the risks associated with procedures and provide alternate options, if any are available.
The healthcare provider must offer clear information and be ready to explain what you might not understand. If any of these elements are not met, you might be able to file for medical malpractice.
Who Are Expert Witnesses in Medical Malpractice Cases?
Expert witnesses are healthcare providers in the same field as the defendant who can offer evidence that corroborates your claim. It’s particularly important to have at least one expert witness who can offer an affidavit of merit. When you submit a medical malpractice claim, this affidavit must be included.
Expert witnesses help establish that the care you received fell below the accepted standard. If another professional could have prevented the harm you suffered, you have a viable claim.
What Is the Statute of Limitations in Medical Malpractice Cases?
The statute of limitations is the amount of time you have to file a claim. In Ohio, you typically only have one year to file this type of legal action. If you don’t discover that you sustained an injury until later, you can have up to four years from the moment you realize you’re hurt to begin the claim.
Statutes of limitations ensure cases are brought forward promptly and when there is still viable evidence available. Once the deadline passes, you won’t be able to recover your losses.
What Are Damages in Ohio Medical Malpractice Claims?
You’ll hear the term “damages” often if you begin a claim. It refers to the compensation you can receive. You can receive economic and non-economic damages.
Economic damages address medical expenses, including future care you may need, as well as lost wages. If you can’t work in the same capacity or at all, economic damages also cover your loss of earning potential. In medical malpractice cases that lead to wrongful death claims, you can receive compensation for funerary expenses, too.
Non-economic damages focus on compensating you for the pain and suffering you experienced, as well as your loss of enjoyment of life. These damages are more difficult to calculate because they don’t have a price tag.
FAQ
Is It Possible to File a Medical Malpractice Claim Against a Hospital in Ohio?
Yes, it’s possible to do so. If the defendant was an employee of the facility, vicarious liability would apply. This term states that a principal (the hospital) has a responsibility for the actions of its agents in anything job-related. Keep in mind that some doctors are considered independent contractors.
How Long Will a Medical Malpractice Claim Take?
The timeline can depend greatly on the complexities of the case and how much evidence may be available. If there’s substantial evidence that proves negligence, insurers will likely want to settle. That can take anywhere from a few weeks to a few months. If the claim goes to court, that will take considerably longer.
Will My Ohio Medical Malpractice Case Go to Court?
If it’s not possible to reach a settlement, the case can end up in court. This is not the most common outcome, however. Most cases settle out of court.
Speak With Our Medical Malpractice Attorneys About Your Options
If you suffered an injury because of a healthcare provider’s negligence, hiring a medical malpractice lawyer can help you obtain compensation for your losses. At The Moore Law Firm, we provide the dependable and experienced representation you deserve. Contact us to schedule a free consultation.
If you have been injured or have lost a loved one as a result of another person's negligence, you deserve to be fully compensated for your losses. The simple fact is that you should not be forced to pay the price for another person's careless or reckless actions.