Patients trust their doctors to help them feel better, but doctors can make mistakes. Unfortunately, those mistakes can have serious consequences for your health and wellbeing.
If you were injured from a medical error, you could benefit from having a seasoned personal injury attorney in your corner. A Lima medical malpractice lawyer can review your circumstances and help represent you on your pathway to recovering compensation.
General Principles of Medical Malpractice
Medical malpractice occurs when a doctor or another medical professional harms their patient by failing to adhere to the standard of care all caretakers must follow. To bring a claim for medical malpractice, the plaintiff must show that a doctor-patient relationship existed at the time the incident occurred. Then, the plaintiff must show the doctor was negligent and that their negligence directly caused harm to their patient. Those injuries must also have manifested into specific damages such as physical pain, medical bills, or lost earning capacity.
What is the Standard of Care in Medical Malpractice Cases?
The ordinary standard of negligence is different for medical doctors than for other people not in health care. As a qualified Lima medical malpractice attorney can explain in further detail, doctors are held to a higher standard of care.
More specifically, physicians must act with the same level of care as any other health care professional with the same training and experience would act under similar circumstances. Malpractice plaintiffs usually need to enlist an expert in the medical field to prove that a doctor deviated from the medical standard of care.
Medical Malpractice Filing Requirements in Lima
Ohio state law establishes a statute of limitations by which an injured patient can bring their medical malpractice claim in court. According to Ohio Revised Code §2305.113, plaintiffs have one year from the date a medical error occurred to file an ensuing lawsuit.
Plaintiffs may get an extension to the one-year limit under two exceptions. First, plaintiffs can file their lawsuit within one year of the date they discovered their injury, rather than the date of the error itself, if they were not able to identify their injury while exercising reasonable care and diligence. However, four years is the maximum period of time in which any medical malpractice lawsuit may be filed.
The second exemption allows plaintiffs to extend their one-year filing deadline to file by an additional 180 days if they notify the presumed defendant during the one-year statutory period of their intent to sue. A seasoned physician error lawyer in Lima can discuss the applicability of these exceptions to a particular case.
What is the Affidavit of Merit Requirement?
Ohio state law requires that a plaintiff file an affidavit of merit with their complaint in a medical malpractice case. An affidavit of merit states to the court that the plaintiff’s claim is credible. The affiant, or expert filing the affidavit, must declare under oath that they:
- Have reviewed all of the plaintiff’s available medical records
- Are familiar with the medical standard of care that applies to the plaintiff’s situation
- Believe the medical professional deviated from the standard of care
- Believe the plaintiff’s injuries resulted directly from the failure to uphold this standard
Consult a Lima Medical Malpractice Attorney to Recover Your Losses Today
Going through a medical scare can be distressing. After suffering due to a health care provider’s negligence, you should not have to fight legal battles to get reasonable compensation on your own.
It could be beneficial to you to seek the aid of a Lima medical malpractice lawyer who can represent your interests zealously and compassionately. To learn more about your recovery options moving forward, call now to set up a consultation.