What Is Medical Malpractice?
Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care, and that failure causes injury or death to a patient. The standard of care is defined as what a reasonably competent healthcare provider in the same specialty would have done under similar circumstances.
Medical malpractice cases are among the most complex in personal injury law. They require expert medical testimony, detailed review of medical records, and attorneys who understand both the legal and medical aspects of your case.
Common Types of Medical Malpractice
Misdiagnosis
Failure to diagnose cancer, heart attack, stroke, or other serious conditions in a timely manner can result in delayed treatment and significantly worse outcomes.
Surgical Errors
Wrong-site surgery, leaving instruments inside a patient, nerve damage, and other surgical errors can cause permanent harm or death.
Medication Errors
Prescribing the wrong medication, the wrong dose, or failing to recognize dangerous drug interactions can cause serious harm.
Birth Injuries
Oxygen deprivation, improper use of forceps or vacuum, and failure to perform a timely C-section can cause cerebral palsy, Erb's palsy, and other permanent injuries.
Anesthesia Errors
Administering too much or too little anesthesia, failure to monitor the patient, or failing to review the patient's medical history can cause serious complications.
Hospital Negligence
Inadequate staffing, failure to maintain equipment, and poor infection control can make hospitals liable for patient injuries.
1-Year Statute of Limitations
Ohio medical malpractice claims must generally be filed within one year of discovering the injury. This is shorter than most other personal injury claims. Act quickly.
Expert Testimony Required
Ohio law requires an affidavit of merit from a qualified medical expert before filing a malpractice lawsuit. We work with leading medical experts to build your case.
Damage Caps May Apply
Ohio limits non-economic damages in medical malpractice cases. We calculate the full value of your economic damages to maximize your recovery.
Frequently Asked Questions
How do I know if I have a medical malpractice case?
Not every bad medical outcome is malpractice. You must show that the provider deviated from the accepted standard of care and that deviation caused your injury. We review your medical records and consult with medical experts to evaluate your case.
How long do I have to file a medical malpractice claim in Ohio?
Generally one year from when you discovered or should have discovered the injury, with an absolute maximum of four years from the date of the negligent act. These deadlines are strictly enforced.
Can I sue a hospital for malpractice?
Yes. Hospitals can be liable for the negligence of their employees and, in some cases, for the negligence of independent contractor physicians who practice there. We investigate all potentially liable parties.
What is an affidavit of merit?
Ohio requires plaintiffs to file an affidavit from a qualified medical expert stating that the defendant's conduct fell below the standard of care. We work with medical experts to prepare this document.
How much does it cost to hire a medical malpractice attorney?
We handle medical malpractice cases on a contingency fee basis. You pay nothing unless we recover compensation for you.