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Ohio Medical Malpractice Lawyers
Visiting a doctor, urgent care clinic, hospital or other medical facility means putting your trust in the expertise of those practitioners. In some cases, it means your life is in their hands. Whether you go for a routine check-up or major surgery, errors in treatment can lead to devastating, life-changing, and even fatal results.
At Crandall & Pera Law, our Ohio medical malpractice attorneys have decades of experience handling these often technical and complicated legal claims. If you or a family member suffered injuries and believe a medical provider is at fault, you should speak to a medical malpractice lawyer right away to find out if you have a claim.
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Table of Contents
- What is Medical Malpractice?
- Who Can File a Medical Malpractice Claim?
- What is the Statute of Limitations for Medical Malpractice in Ohio?
- How Do I Know if I Have a Malpractice Case Against a Doctor or Hospital?
- Who Should I File My Claim Against?
- Do I Need an Attorney for My Ohio Medical Malpractice Case?
- What Does it Mean to Take a Medical Malpractice Claim to Court?
- What is My Medical Malpractice Claim Worth in Ohio?
What is Medical Malpractice?
Medical malpractice happens when healthcare professionals provide treatment that fails to meet the proper standard of care. Malpractice can include action, like prescribing the wrong medication, or inaction, like neglecting to test for a condition, causing the patient to go untreated. Not all mistakes or errors qualify as medical malpractice, though. For instance, if a patient’s symptoms indicated a common condition, but they were actually suffering from something extremely rare and difficult to diagnose, the mistake might be tragic but not malpractice.
However, suppose a healthcare provider fails to act or takes improper action under circumstances when a reasonably competent physician with similar training would have treated the condition properly. In that case, it is possible to hold that provider accountable.
Malpractice cases do not just involve doctors. Any type of healthcare provider who has a duty to offer competent care may commit medical malpractice and potentially be liable. Nurses, surgeons, anesthesiologists, radiologists, and others may behave in a way that leads to malpractice.
Because these fields require a great deal of knowledge and skill, legal claims involving inadequate medical care require careful attention and experience. At Crandall & Pera Law, our team of medical malpractice lawyers in OH has handled many of these complicated cases and understands what it takes to build a solid medical malpractice case.
Who Can File a Medical Malpractice Claim?
The law does not allow anyone to sue for wrongs done to another person. In general, there are only a few people who have the right to bring a claim to court following an injury. In the case of medical malpractice, the person who suffered injuries because of the provider’s action or inaction can file a claim as long as they are a competent adult.
However, not every victim will be able to file a lawsuit for medical malpractice. In some tragic cases, medical malpractice leads to fatal results. Other times, the victim may be a child or someone who is incapacitated and lacks the ability to pursue legal action on their own behalf.
In wrongful death claims, the right to file a medical malpractice lawsuit will belong to certain family members or representatives, including:
- Spouses
- Children
- Parents
- Estate representatives
In the case of minors who are injured by a medical provider, typically, parents or guardians can file a claim on their behalf. This ability is critical because the claim often recovers funds necessary for providing support and care for that injured child.
Similarly, a person who has power of attorney for the injured patient can file on behalf of a person who is incapacitated. This person is also often a close family member.
What is the Statute of Limitations for Medical Malpractice in Ohio?
Ohio's statute of limitations for medical malpractice requires that you file a claim within one year of discovering the injury (or from when you should reasonably have discovered it). However, even if it takes you years to realize your injury is the result of medical negligence, the state will block your claim if it is four years or more since the date of the injury. In birth injury cases, the one-year statute of limitations begins when the injured child reaches 18 years of age. This rule allows a person to file a claim for their own injuries if their parent or guardian does not pursue legal action on their behalf.
It is important to note that the rules for medical malpractice claims differ from the statute of limitations as it applies to general personal injury claims, such as those stemming from a car accident. In those cases, the statute allows two years for the injured person to file. Mixing up the deadlines can lead to a court refusing to hear your case.
There are certain exceptions to the statute, but in most cases, courts will refuse to hear claims from those who wait too long to file. Speaking to an Ohio injury lawyer right away can help you avoid having your case dismissed based on a technicality.
How Do I Know if I Have a Malpractice Case Against a Doctor or Hospital?
Just being injured after a medical procedure is not enough. You will need to prove four main factors to have a successful medical malpractice claim against a provider.
1) You must show that the healthcare provider had the duty to provide care
Essentially, this means that the person was your doctor or another person tasked with treating you. If you ask for medical advice from a doctor you met at a party or on a train, and the advice is bad, that will not mean that you have a claim against that person.
2) The provider neglected to meet the applicable standard of care
A mistake by a provider might be understandable or even expected. If a patient does not present with any standard symptoms of the condition they have, then a misdiagnosis is not necessarily because of a negligent doctor. Likewise, if you had an allergic reaction to a medication for the first time, that is not the result of negligence. However, if your provider gives you a medication that you are allergic to after seeing in your records that you are allergic to that drug, this could be a sign of doctor negligence.
3) That the provider’s error caused your injuries
Sometimes the error is clear. If a surgeon left equipment inside the patient, then making the argument that a mistake caused an injury will be fairly straightforward. However, there are other times when it might not be as obvious, such as when a minor error may not have changed an outcome for the patient. This scenario might happen because the likelihood of recovery for the patient was small due to the patient’s age, poor health, or the severity of the condition. In such cases, the same results might have occurred even if the treatment or procedure went exactly as planned.
4) That you sustained an injury
If your doctor prescribed the wrong medication, and you took it, but it was relatively harmless, you might not have a claim. A strong medical malpractice case involves actual harm. If you have to have another procedure or additional medical care because of the mistake, that is a good indication of harm. It might also be the case that a lack of care due to missed or misdiagnosis causes actual harm by taking a highly treatable condition and allowing it to progress into something far more damaging and dangerous. For example, a sinus infection is common and treatable, but if a physician fails to diagnose it, it may spread to the patient’s eyes, bones, or brain. The consequences can be severe and, in some cases, life-threatening.
It might not be obvious that you do or do not satisfy all of these requirements. Speaking to an experienced Ohio medical malpractice lawyer will help you understand how these factors align with the facts in your case.
Who Should I File My Claim Against?
You might have a claim against a doctor or provider, the hospital, or both. If the doctor caused the injury, you might be able to sue the hospital if the doctor is an employee. Some medical negligence actions may involve holding a medical facility like a hospital accountable for hiring a doctor or other medical professional with a history of negligence. Other cases might involve poor training or inadequate supervision of staff and providers.
Alternatively, there are doctors who use medical facilities while working as independent contractors. In those cases, the doctor should have their own medical malpractice insurance and might be the correct person to file the claim against. Depending on the circumstances, the best move might be to file a case against the doctor and the hospital, especially if more than one person might be responsible for the injury.
Since every case is different, you should discuss yours with an experienced team of Ohio medical malpractice lawyers. Your lawyer will look at the events and find the right party or parties to file a claim against.
Do I Need an Attorney for My Ohio Medical Malpractice Case?
Yes, you should have a medical malpractice lawyer who represents you in your case. From the very beginning, you may have insurance companies reaching out to you in an attempt to settle your claim. It might be tempting to accept an offer, especially if you are struggling with medical bills or lost wages resulting from your injury. However, the goal of these insurance representatives is not to offer you the compensation you need and deserve. Instead, insurers want to minimize their exposure and settle your claim fast and for as little as possible.
It is even important to avoid talking openly with insurance providers because they may use your own words against you. Right from the start, having an Ohio medical malpractice attorney will help protect your rights and prevent these companies from taking advantage of you during a difficult and vulnerable time.
Even if you do not end up taking your case to court, your lawyer can negotiate with the insurer on your behalf. Having a lawyer handle these negotiations puts you in a better position and increases your chances of recovering a fair settlement. Additionally, an Ohio medical malpractice lawyer will be in the best position to evaluate your claim and decide whether a settlement offer is worth taking.
If the insurer is not willing to negotiate in good faith, your attorney will be there to take your claim to the next step.
What Does it Mean to Take a Medical Malpractice Claim to Court?
Taking a claim to court basically means filing a lawsuit against the person or organization that is responsible for your injuries. If the hospital, doctor, urgent care center, or other provider does not offer a settlement that truly reflects the severity of your injuries, the legal system gives you an opportunity to hold them accountable.
Just because you file a lawsuit does not mean that you will necessarily end up taking your case to trial. In fact, it is rare that a medical malpractice case goes to trial. Instead, you will likely reach a settlement before that point.
The basic court process typically works like this:
Acquiring a Certificate of Merit
After you speak to an attorney, you will need to obtain an affidavit of merit. This document states that a medical professional reviewed your claim and agrees that the care you received did not meet the appropriate standard and that you sustained injuries. This step validates your claim and allows you to take your case to court.
Filing a complaint
Your lawyer will file a complaint stating that your medical provider caused your injuries. The complaint will request a certain amount of damages. An attorney for the other side will then file a response to that complaint.
Presenting Before a Medical Malpractice Tribunal
Early in the process, an Ohio medical malpractice tribunal consisting of a judge, an independent attorney, and a medical professional, will review your Affidavit of Merit and other evidence. The Tribunal will decide if the claim is strong enough to move forward.
If the tribunal finds that your evidence is insufficient, you have two options. You can choose to withdraw your claim or post a bond that will allow your case to proceed.
Discovery and exchanging evidence
The next phase will involve exchanging evidence with the other side. Your lawyer may request documents from the medical provider, and you will likely have to produce documents about your medical care and treatment.
Also, during discovery, you may need to sit for a deposition, which is like a formal interview. Your attorney will be there with you to protect your rights. Your lawyer may also depose witnesses, the defendant, and others to gather more information. It is likely that your doctor and maybe medical experts will also sit for depositions. In medical malpractice cases, there is a high need for experts who understand medicine and the standard of care that would be expected from a provider.
After both parties collect information during the discovery process, the attorneys will often try to settle again. Each will have a better understanding of the facts and circumstances. If possible, your lawyer will use that to try to reach a more beneficial settlement.
Trial and a verdict
In the uncommon case that goes to trial, a judge and jury will hear the evidence. The jury will decide if the medical provider is at fault and, if so, how much they should pay you in damages.
What is My Medical Malpractice Claim Worth in Ohio?
Estimating the value of a medical malpractice or personal injury claim in Ohio requires an in-depth analysis. In determining the amount you recover, courts will look at your economic damages – these costs include what you paid or will need to pay for medical care because of the injury and your lost wages and future earnings. There is no limit on your economic damages, so it is extremely important that you calculate that number carefully and account for all your losses, past, present, and future. Remember that severe injuries may lead to medical costs, caregiver needs, and other ongoing expenses throughout your life or the life of the injured family member.
Non-economic damages are money awarded for things like pain and suffering. In Ohio, there is a cap on the non-economic damages you can recover. In most cases, you can collect up to $250,000 in non-economic damages or a maximum of three times your economic damages, up to $350,000. In some rare cases, the court may also award punitive damages as a penalty for particularly egregious behavior by the defendant. These damages can be for up to two times your compensatory damages (economic and non-economic damages combined). Ohio medical malpractice attorneys are your best source of information when it comes to understanding the value of your claim, caps, and potential exceptions.
Ohio Medical Malpractice Lawyers Helping Victims of Medical Negligence in OH
At Crandall & Pera Law, our team of experienced Ohio medical malpractice attorneys have decades of experience representing individuals injured by their medical providers. These cases are some of the most complex injury lawsuits and require a great deal of attention to reach a successful resolution.
If you sustained injuries because of a medical error, contact us today and schedule a free consultation at one of our offices in Cleveland, Cincinnati, Chagrin Falls, or Chesterland.