If you or a loved one has suffered an injury due to medical malpractice, you may be able to recover damages. To recover damages, you will have to file a claim against the negligent party. A seasoned medical malpractice lawyer could assist you with filing a Toledo medical malpractice claim by telling your story and helping you assign fault. To get started on your claim, call today to schedule a consultation.
Writing a Medical Malpractice Claim
When writing a claim, the attorney is basically telling a story. The claim presents a short version of who the plaintiff is, why they met with a medical professional, what incident happened with the medical professional, describing how the medical professional or hospital departed from or violated their standard of care, and what injuries the plaintiff received due to the breach of care. Attached to the claim, the attorney will include the damages that the plaintiff is asking to collect.
Process of Filing a Claim
After the lawyers obtain the signed affidavits, the plaintiff’s lawyer would file a complaint, which is a lawsuit. The lawsuit will include signed affidavits from the medical expert witnesses and the plaintiff’s attorney would specifically describe the causes of action or the claims against the medical professional or hospital. The plaintiff’s lawyer would then make sure the other side receives the copy of the lawsuit with the attached affidavits. The defense would have 28 days or, if they filed an extension, 56 days to file an answer.
What Must be Included in a Medical Negligence Claim
When filing a Toledo medical malpractice claim, the lawyer will have to identify what specific parties they are going to sue. The attorney has to identify what the specific claims are being made against the medical professionals. Also, they must include signed affidavits from board-certified experts explaining the standard of care, the violation of the standard of care, and how that violation of car caused the injuries to the plaintiff.
How a Toledo Medical Malpractice Attorney Could Help
Medical malpractice cases are extremely complex and complicated. There is also a short one-year statute of limitations for adults. When filing a Toledo medical malpractice claim, the plaintiff has to make sure that they sue the correct parties with the correct individual and/or corporate names. They also have to retain the best experts possible that meet the criteria for being allowed to testify under Ohio law. Medical malpractice cases are the types of claims that most attorneys in Ohio do not practice at all.
Therefore, an individual not only needs an attorney, they need a lawyer who has handled medical malpractice cases and is familiar with Ohio law.
An accomplished lawyer can help by explaining the legal process, educating the plaintiff with how long the process will take and what steps are included, and work together with the plaintiff as a team to keep them in the loop with everything that is going on in the case. If you or a loved one has suffered an injury due to medical malpractice, reach out to a compassionate medical malpractice lawyer today.