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.
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.
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.
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.
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:
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.
Charles Boyk and the Staff of Charles Boyk Law are Top Notch
By: Tina D.
Client Description: Charles Boyk and the staff of Charles Boyk Law are top notch with not only their legal services but supporting community, clients and all customers. They step up for the Toledo, Ohio community in more ways than we an count. One area is dog rescue support. The Boyk Team opens their hearts and personal time to support Friends of Lucas County Dogs (FoLCD) and Lucas County Canine Care & Control (LC4) through sponsoring adoptions, donating towards the medical care of the shelter dogs through Cuties Fund with LC4, as well as collecting donations, enrichment items such as treats, collars, leashes, blankets, toys, Kongs and so much more. Their contributions and commitment are unlimited and truly heartfelt. Their teams of volunteers spend their time walking dogs, making enrichment items for the shelter dogs of LC4 through FoLCD, recruits volunteers, washes dogs..you name it they are there stepping up and showing up. They are inspirational and a true community leader and supporter. Their entire team commits to their clients and community partners 100%!! We are blessed to have their support of the local shelter dogs of LC4 and the non-profit FoLCD which was created to support LC4. Thank you Charles Boyk and your entire staff for your commitments and support!
Rating: ★★★★★ 5 / 5 stars
Charles E. Boyk Law Offices, LLC