Almost everyone requires the help of a doctor at some point in their life, usually with illnesses and injuries and sometimes even with life-saving surgery. However, while it is undeniable that doctors bring great benefit to society, they are human, who sometimes make mistakes—and those mistakes can have serious consequences for a patient.
If you are injured due to a doctor’s negligence or carelessness, you may need a determined personal injury attorney’s assistance to most effectively pursue compensation. A Liberty Center medical malpractice lawyer may be helpful in determining if you or someone you know has a viable medical malpractice claim.
What is Medical Malpractice?
There are many circumstances under which a physician might be found to have committed medical malpractice. Some of the more common ones include:
- Misdiagnosis of an illness or disease
- Improperly performed surgery leading to personal injury
- Performing unnecessary surgery or medical procedures leading to injury
- Failure to timely identify an illness which might otherwise have been successfully treated
A Liberty Center medical malpractice lawyer might assist in identifying if a doctor’s conduct contributed to an injury suffered by a patient.
Limitations on Filing
Unlike most negligence claims in Ohio, which have a two-year statute of limitations, medical malpractice claims are generally required to be brought within one year from the time the medical malpractice related injury occurred under Ohio Revised Code §2305.113. However, if a party gives notice prior to the expiration of the one-year period that they are considering an action, they have an additional 180 days to bring suit under ORC §2305.113(B)(1).
The Discovery Rule
If someone falls victim to medical malpractice and fails to bring a claim within one year of the incident, they may not be wholly without a remedy. Recognizing the complexity of medical malpractice claims, Ohio has carved out an exception to the one-year statute of limitations, enumerated in ORC §2305.113(D), for cases in which a patient exercising reasonable diligence could not have known that the injury they suffered was a result of medical malpractice.
In those cases, a party may have up to four years to bring suit from the date of the malpractice incident.
A medical malpractice lawyer in Liberty Center might be useful in determining whether the exception to the one-year limitation period applies to any individual case.
Recoverable Damages and Comparative Negligence
Among the damages that may be recovered in connection with a medical malpractice action are:
- Compensation for pain and suffering
- Compensation for lost income and future limitations or inability to work as a result of the injury
- Payment of past and future medical expenses associated with the injury
However, ORC §2315.33 establishes a comparative negligence scheme that courts in Ohio apply to injury cases. In brief, this scheme provides that a plaintiff may only recover damages if their own negligence contributing to the injury is no greater than 50 percent.
A patient’s claim may be barred completely if the court determines they were primarily responsible for their injury—for instance, by providing false information to a physician. A Liberty Center medical malpractice lawyer could help determine if the statute will allow recovery in a given client’s case.
Consulting a Liberty Center Medical Malpractice Attorney
Medical malpractice can have serious consequences and often involve highly complex issues. If you believe you are the victim of medical malpractice, you might benefit by consulting a Liberty Center medical malpractice lawyer so that your rights may be protected. Call today to schedule an initial consultation and see what options may be available to you.