In a perfect world, health care providers would be able to heal every patient who entered their practice. In reality, however, medicine is far from an exact science, and there are countless factors that impact how a given patient will react to a particular treatment modality. At the very least, physicians have an obligation to do no harm. That means each patient should never leave their office in worse condition than they were in when they arrived. When health care providers fail to follow this tenant of bioethics, it’s called medical malpractice. Here is what you should know about the personal injury laws that govern medical malpractice.  

Essential Components of a Successful Claim 

Every legitimate case that falls under medical malpractice law has two essential components—liability and damages. To recover compensation, injured parties must prove their provider was somehow responsible for any complications that arose and they incurred damages as a result.

If a particular treatment or procedure does not go as planned, it does not necessarily mean the patient was the victim of malpractice. To have a valid claim, the plaintiff must prove the provider deviated from the generally accepted standard of care, which is the basis of liability. 

Important Statutes to Keep in Mind 

One of the most important medical malpractice laws to keep in mind is the statute of limitations. This limits how long claimants have to file a formal suit against the negligent health care provider, and it varies from state to state. In Ohio, for example, you have just one year to bring a claim against the defendant. The “clock” starts ticking when the complications were discovered or the doctor-patient relationship is exhausted, whichever comes second.

This might seem like the deadline has considerable flexibility; however, there is another important malpractice statute to keep in mind. Ohio also has a statute of repose of four years, which means plaintiffs cannot file a suit more than four years after the date of the incident, regardless of when the injury was discovered or the doctor-patient relationship ended.  

If you received substandard care from a physician, the medical malpractice attorneys at Miraldi & Barrett, Co. will help you seek justice. A seasoned lawyer on their team will gather evidence of both liability and damages before guiding the case through complicated legal proceedings. To see what previous clients have to say about the counsel they provide, visit their website, or call (440) 233-1100 to schedule an initial consultation with a medical malpractice attorney in Lorain, OH.