The doctor’s office seems like the last place you would experience a personal injury, but medical professionals are capable of negligent behavior just as anyone else is. If the careless or reckless actions of a doctor, nurse, or other healthcare provider caused you to suffer harm beyond what you sought treatment for in the first place, pursuing civil litigation could be your best option.
Medical malpractice cases are arguably the most complex type of personal injury case a person can file in Ohio, so getting help from a qualified attorney can be beneficial. To increase your chances of a successful outcome, consider retaining an experienced Defiance medical malpractice lawyer right from the start of your case.
Proving legal negligence on the part of a medical professional requires a level of evidence usually unnecessary in other types of cases. According to Ohio Rule of Civil Procedure 10(D)(2), anyone filing a medical malpractice case in Defiance must include an affidavit of merit drafted by a healthcare professional who works in the same field as the defendant.
The affidavit must demonstrate, based on the standard of care for the field of medicine, the circumstances, and all available evidence, that the defendant doctor breached their duty of care to the plaintiff and injured them as a direct result. A seasoned medical malpractice attorney could help a plaintiff find and retain a suitable expert and ensure the affidavit is both comprehensive and filed in accordance with Defiance’s civil procedures.
Many states have ruled that damage caps on recovery in medical malpractice cases are unconstitutional, but unfortunately, Ohio is not yet one of them. Ohio Revised Code §2323.43 establishes the maximum value a malpractice victim can recover for non-economic damages is $250,000 in most situations.
However, there are notable exceptions to this rule under certain circumstances. The most common exception is if the value of recoverable economic damages exceeds $250,000 when multiplied by a factor of three, in which case the maximum allowable recovery would be $350,000 for a single plaintiff or $500,000 for a case with multiple plaintiffs. Furthermore, this limit may extend to $500,000 per plaintiff and $1 million per case if catastrophic or permanent injuries resulted from the care provider’s negligence.
Medical malpractice cases in Defiance have a unique statute of limitations that plaintiffs and their legal representatives must adhere to. Under ORC §2305.113, a case must be filed within one year of when the injury was discovered or, if it is not discovered in that time, within four years from when the malpractice occurred. If the claim is not filed within those time constraints, the case may be time-barred, and recovery may not be sought.
However, there are exceptions to this regulation in certain circumstances, so it is recommended individuals discuss the parameters of their case with a legal representative.
It is expected that you would feel better after a visit to the doctor’s office or hospital, but if you have had the opposite experience and suspect a medical professional’s negligence is to blame, you could have reason to pursue civil litigation. Time is of the essence when filing these kinds of cases, so talking to a Defiance medical malpractice lawyer sooner rather than later is wise. Call today to get started on your case.
Charles E. Boyk Law Offices, LLC
Charles E. Boyk Law Offices, LLC