Copyright © 2020 Charles E. Boyk Law Offices, LLC. All rights reserved. Reproduced with Permission.
Medical malpractice under Toledo and Ohio law is the breach of the standard of care. It is based on what the standard of care is for that specific type of factor or procedure under Ohio law and the practice of medicine in Ohio. Lawyers would have to prove that the breach of the standard of care, meaning not meeting that standard of care caused injuries that are permanent, and as a result of those permanent injuries, there was substantial harm to their client. If you want to know more about Toledo medical malpractice statute of limitations, consult an intelligent medical malpractice attorney that can explain
The Toledo medical malpractice statute of limitations for an adult is one year from the day a person knew or should have known there was malpractice. The issue becomes when they should have known there was medical malpractice. Potentially the claimant can try to extend the statute of limitations by arguing that they were not aware of the malpractice on the date of the procedure that perhaps that knowledge did not occur until they got a second opinion, which was months down the road, but that will be an issue. Lawyers typically try to err on the side of being safe and file the lawsuit within the earliest possible statute of limitations time period.
The argument for a minor is that the statute of limitations does not begin until their 18th birthday. For example, if a doctor committed malpractice on a child, the argument could be that it would be the day before their 19th birthday.
A person could still pursue a medical malpractice claim. The problem is oftentimes under Ohio law the hospital will only keep the medical records for at most 10 years. If a person has a situation where they think there is a malpractice case on a child, they are still better off trying to see the attorney earlier than later, because if the medical records do not exist anymore, it is impossible to pursue the claim.
The first element that lawyers have to prove what the standard of care is, which would show that there is a legal duty of care. They would have to show duty, breach of the duty, the proximate cause of the breach of that duty, and injury. By breaching those duties, an individual would be contributing to the plaintiff’s injuries. Those would be the elements that lawyers would have to show under Ohio law under medical malpractice.
There are a lot of issues that can complicate proving liability. One issue would be the Toledo medical malpractice statute of limitations, which is one year from the day a person knew or should have known malpractice. If a person does not file their claim within that time, they can no longer file their case.
Another issue is that normally, the doctor is not going to admit that they committed malpractice. Not only must attorneys prove negligence, they must also identify the correct/at-fault party. If the doctor does a procedure within the hospital, is the correct party the doctor, the doctor and the hospital, every doctor or nurse that was in the operating room at the time, and the follow-up doctors?
That makes it very complicated. A third issue would be trying to determine a bad result from a departure from the standard of care. All of those are potential issues that make a medical malpractice case very complicated. A qualified medical malpractice attorney can work to uncomplicate these things for you. If you are interested in pursuing a medical malpractice case, contact a lawyer that can help you file your case within the statute of limitations.
Charles E. Boyk Law Offices, LLC