If medical negligence caused harm, Ohio law might entitle you to compensation—here’s how to start your case.
Medical malpractice occurs when a healthcare provider’s mistake causes harm that could have been avoided with proper care. Here’s what an Ohio patient needs to know if they’ve been the victim of malpractice.
Medical malpractice occurs when a healthcare provider deviates from the accepted standard of care in a way that harms the patient. This falls under personal injury law, and there are specific Ohio laws that govern how claims are handled, what constitutes malpractice, damages that can be recovered, and procedural requirements.
What qualifies as medical malpractice in Ohio?
To establish Ohio medical malpractice, there must be four elements:
1. The provider had a duty of care. This is a fairly straightforward criterion to meet—the plaintiff (injured person or their representative) would need to prove that the patient and the provider had a professional relationship. This includes doctors, nurses, a medical facility like a hospital, etc. A professional relationship creates a legal duty to provide care consistent with accepted medical standards.
2. The provider violated the standard of care. In other words, they acted (or failed to act) in a way that a reasonably skilled medical professional wouldn’t have in the same situation. Sometimes the standard of care differs from community to community, and even hospital to hospital. For example, a for-profit hospital in a large metro area might have significantly more or different treatment options than a small county hospital in a rural community; a physician likely doesn’t have the same technology, trained staff, and access to resources in that circumstance and would be forced to make different treatment decisions. This does not violate the standard of care; it’s simply doing the best they can with the available resources.
However, a breach of the standard of care might include:
- Misdiagnosis or failure to diagnose a serious condition
- Surgical errors or operating on the wrong body part
- Medication mistakes, such as prescribing the wrong drug or dosage
- Birth injuries from improper prenatal care or problems during delivery
- Ignoring patient symptoms or test results, especially in elderly care, which can lead to nursing home abuse
3. There must be causation. The plaintiff must prove a direct link between the provider’s breach of care and the patient’s injury. In other words, the harm would not have occurred but for the provider’s negligence.
For instance, if the patient falls ill with an incurable disease and then realizes they were getting the wrong dose of medication for a different condition for many years, this is not a cause of action for a medical malpractice claim if the disease was not caused by the medication error. Yes, the error could have violated the standard of care, but if it’s unrelated to the new condition and does not seem to have any actual consequence, they can’t file a claim on that basis.
4. The patient must have suffered actual harm. In other words, there has to be a physical injury, additional medical expenses, lost income, or pain and suffering that resulted from the provider’s malpractice. Unless there are provable damages, there cannot be a successful malpractice claim—even if a mistake occurred.
Important considerations in Ohio medical malpractice law
Statute of limitations for an Ohio medical malpractice claim
Ohio Revised Code § 2305.113 requires that a medical malpractice lawsuit is filed within one year from the date of the injury. Typically, this is one year from the date the injury is discovered or should reasonably have been discovered. Once the plaintiff provides written notice to the defendant within this one-year time frame, the statute of limitations may extend to 180 days after the date of notice.
Ohio also follows a statute of repose. A medical malpractice claim may not be filed more than four years after the negligent act or omission, regardless of when it was discovered. There are a couple of exceptions to this rule, however. If you’re considering a lawsuit for a medical malpractice event more than four years after the injury, consult an Ohio personal injury lawyer for more information about whether your situation might fall under one of the exceptions.
Affidavit of Merit
There are a couple of steps for filing an Ohio personal injury lawsuit. However, there’s an additional requirement for an Ohio medical malpractice claim. The state requires the plaintiff to file an Affidavit of Merit, which is a statement provided to the court by a qualified medical expert.
The state must indicate that:
- The expert has reviewed the medical records associated with the claim;
- The provider breached the standard of care; and
- The breach caused the patient’s injury.
But if one statement includes all that, why do we even need a trial?
The requirement exists to prevent frivolous lawsuits. It’s designed to ensure that a claim has a legitimate basis. Once the court accepts the claim, the parties would then provide additional evidence and testimony to determine whether the plaintiff will recover damages.
Types of damages for an Ohio medical malpractice lawsuit
Damages is the money a plaintiff may recover in a personal injury lawsuit. Obviously, money can’t restore your physical health or bring back the life of a lost loved one. But the intent of damages is to make a plaintiff financially whole, or to restore you to the financial condition you’d be in if the injury hadn’t happened.
In other words, you should not have to bear the financial cost for someone’s negligence.
Damages for an Ohio medical malpractice lawsuit fall into three categories:
Economic damages
These compensate for actual financial losses. There is no cap (maximum) allowable amount for economic damages in an Ohio medical malpractice lawsuit.
These include:
- Medical expenses (past and future)
- Lost wages (if you missed work)
- Loss of future earning capacity
- Costs of ongoing care or rehabilitation
- Home modifications or assistive devices
Non-economic damages
Non-economic damages are for pain and suffering, emotional distress, loss of enjoyment of life, loss of consortium, and other intangible harms.
However, Ohio does have a cap on the amount a plaintiff may recover for these types of damages.
Under the Ohio Revised Code § 2323.43, non-economic damages are capped at:
- The greater of $250,000 or three times the amount of economic damages, up to $350,000 per plaintiff, and $500,000 per occurrence.
The exceptions to this cap are if the plaintiff suffered a permanent and substantial physical deformity, loss of use of a limb, or permanent injury that prevents independent care. If any of those are true, then the cap increases to $500,000 per plaintiff and $1 million per occurrence.
Punitive damages
It’s unusual for an Ohio court to award punitive damages in a medical malpractice case. This only happens if the provider acted with actual malice, fraud, or wilful misconduct.
If punitive damages are awarded, they are capped at twice the compensatory damages or 10% of the defendant’s net worth, whichever is less (subject to additional limits under R.C. § 2315.21).
What to do if you’re a victim of Ohio medical malpractice
1. Obtain a second opinion from a different provider. Seek out a physician who’s unaffiliated with the provider, group, or hospital that you believe committed malpractice. Get a medical examination and find out whether another provider agrees that malpractice occurred, along with a diagnosis of the malpractice-caused injury or illness. Even if they’re not willing to say malpractice occurred, have the new condition or diagnosis noted in your chart.
2. Obtain medical records. You’re entitled to copies of your medical records. Request complete medical records from every involved provider.
3. Consult an Ohio medical malpractice attorney. An experienced attorney can evaluate your claim, obtain the necessary Affidavit of Merit, and guide you through the legal process.
4. Prepare for legal proceedings. Be ready to participate in the legal process, which could include discovery, depositions, and possibly a trial.
Navigating a medical malpractice claim in Ohio involves understanding complex legal requirements and strict deadlines. If you believe you’ve been a victim of medical negligence, it’s crucial to act promptly and consult with a qualified Ohio personal injury attorney to protect your rights and pursue the compensation you deserve.
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What does an injury lawyer do?
A personal injury lawyer helps individuals who have sustained injuries in accidents to recover financial compensation. These funds are often needed to pay for medical treatment, make up for lost wages and provide compensation for injuries suffered. Sometimes a case that seems simple at first may become more complicated. In these cases, consider hiring an experienced personal injury lawyer. Read more
