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If you experienced serious complications after receiving substandard medical care, you may be entitled to sue for damages. Since the personal injury claims process is inherently complicated, though, you may be unsure of how to proceed. Thankfully, a seasoned attorney can help. In the meantime, here’s what you should know about medical malpractice in Ohio. 

FAQ About Medical Malpractice

What constitutes medical malpractice?

Because medicine is far from an exact science, defining malpractice can be challenging. For example, just because a particular procedure does not have the outcome you anticipate doesn’t mean you have grounds for a personal injury claim. For malpractice to have occurred, your provider must have deviated from the most widely accepted standard of care given the circumstances. This is known as a breach of duty, and it constitutes negligence, which is the basis of most successful suits. 

What kinds of damages can I seek by filing a medical malpractice suit?

In Ohio, personal injury claimants may seek compensation for both the monetary and nonmonetary losses that occur as a result of the liable party’s negligence. Recoverable monetary losses include medical expenses, lost income, loss of future earnings, home care, child care, and domestic help. As for nonmonetary losses, recoverable damages include pain and suffering, emotional distress, mental anguish, and loss of enjoyment in life. 

What should I do if I think I have grounds for a medical malpractice suit?

personal injuryNaturally, your primary concern should be your health following any kind of medical complication. As such, it’s important to seek adequate care from a reputable provider. Once your condition stabilizes, it’s wise to call a knowledgeable attorney. Hiring a lawyer right away will give your legal team time to gather critical evidence like medical records before they’re altered or destroyed. It will also ensure you do not miss any filing deadlines. 

How long do I have to sue for medical malpractice?

Generally speaking, the statute of limitations for medical malpractice suits in Ohio is one year from the date on which the doctor-patient relationship ended—or from when the cause of action was discovered, if it came later. The state imposes a maximum deadline of four years, though. That means even if the cause of action was not immediately apparent, you are unable to sue if it’s been more than four years since the incident occurred. 

 

The personal injury lawyers at Agee Clymer Mitchell & Portman in Columbus, OH, are proud to help injured, ill, and disabled parties recover the funds they need to rebuild their lives. Since their team is backed by nearly a century of combined experience in the legal field, you can be sure you’ll be in good hands, whether you need guidance regarding Social Security law, workers’ compensation, or medical malpractice. To find the office nearest you, visit their website. To schedule a consultation, call (614) 221-3318.

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