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Doctors, nurses, surgeons, and other healthcare professionals perform vital services for residents of Ohio every single day. Thankfully, most of these professionals act with the utmost consideration and dedication toward patients. However, there are medical practitioners out there who fail to meet the applicable standard of care, sometimes causing patients to suffer severe and avoidable harm.
If a care provider’s misconduct has caused your health complication or injury, a skilled attorney can help you pursue legal action against those responsible. Seasoned legal counsel can assist with creating a comprehensive claim for damages that covers both present and future costs related to your harm. This is especially important if your injuries are debilitating and permanent, as you may be left unable to work and provide for yourself. There is a limited time to act, so do not delay. Contact our firm today to discuss your case with a dedicated Belpre medical malpractice lawyer.
It is important to note that medical professionals are not held to the same “negligence” standards as those who cause injuries in other ways, such as car accidents. Instead, the basis for determining if an act or omission could be grounds for a medical malpractice claim is whether it constituted a breach of an applicable “standard of care.” In other words, the action was something an equally qualified and experienced physician would not have done under similar circumstances.
Some actions that may constitute a medical malpractice claim include the following:
A Belpre attorney can offer more specific guidance about whether a particular situation may warrant a medical malpractice lawsuit or settlement demand.
Most of the time, the same two-year filing deadline that applies to most personal injury cases also applies to medical malpractice claims. However, under Ohio Revised Code §2305.113, any malpractice claim against a “medical, dental, optometric, or chiropractic” professional or facility must be commenced within one year of reasonable discovery. Furthermore, no malpractice claim can begin more than four years after the alleged malpractice actually occurred, with very rare exceptions detailed in the statute mentioned above.
There are additional filing requirements associated with malpractice claims, such as that established under Ohio Rules of Civil Procedure 10(D)(2) to include an “Affidavit of Merit” alongside the initial complaint. Finally, as a medical malpractice attorney in Belpre can further explain, there is a cap on total recovery for non-economic forms of harm in cases like this. Under Ohio Revised Code §2323.43, the cap is $250,000, or three times the economic damages amount (up to $350,000 maximum) if that sum is larger. This is true unless the malpractice in question caused a catastrophic injury, in which case the cap may be raised to $500,000 per plaintiff and $1,000,000 per case.
When you seek medical attention, you are placing a lot of trust in the hands of a doctor or care provider. If he or she breaks this trust by causing or worsening your harm, it is important to know that you have legal options. It is possible to hold a reckless or careless physician financially liable for his or her actions with help from an experienced attorney.
A qualified Belpre medical malpractice lawyer will fight tirelessly to help you recover the compensation you deserve. Learn more by calling our firm today.
Jan Dils, Attorneys at Law