Frequently Asked Questions For Ohio Personal Injury Claims
If you are looking for answers to basic questions about your Ohio injury claim, this part of the Miraldi & Barrett web site is devoted to providing thorough answers to those questions. Whether you were injured in a car crash, by a defective product, or a vicious dog, these questions are answered here. If the injuries involve the spine, a serious fracture, paralysis or relate to the death of a family member, this section will answer your questions. If you do not find the answers to your questions here, please call us at 1-800-589-3023.
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What is the time limit for filing a medical malpractice claim?
This can be complicated and you should check with an attorney familiar with medical malpractice law to determine the statute of limitations in your case. There may be exceptions to all that is stated in this answer. Generally,in Ohio, the time limit for adults (over eighteen) to file a lawsuit in court is ONE YEAR from the date that a reasonable person should have known that they have suffered an injury due to care provided by a medical professional or ONE YEAR from the last physician -patient relationship for that condition, whichever is longer. This time limit may be extended by 180 days by sending a properly worded letter before the one year time limit notifying the medical providers involved that you are considering bringing an action against them as a result of medical care they provided to you. The time limit for injury to minors is generally one year from the time the minor reaches age eighteen. The time limit for a wrongful death claim is TWO years from the date of death.
I was injured several years ago as a result of surgery but never filed a lawsuit against the doctor hospital. Is it too late now to file?
Each state has its own statute of limitations, identifying the time period during which a medical malpractice action can be brought. Ohio's statute of limitations states that every action for medical malpractice must be brought within one year after the patient knew he may have suffered injury due to a medical error, or one year from the physician patient relationship for that condition, whichever is longer., up to a maximum of four years from the time of the medical error. You should check with a medical malpractice attorney to determine the applicable statute of limitations in your case.
My doctors insurance carrier has offered me a settlement and I need the money now. Should I accept?
It depends on the circumstances. Will the injury or problem you believe resulted from sub standard medical care result in future medical expenses or loss of earnings? While it may be tempting to take the money and run, be aware that in situation such as this, those offering the settlement are working on behalf of the healthcare practitioner. Accepting a settlement today might not address your needs down the road. You may want to check with us. If we believe that the offer made to you is reasonable we will tell you so at no charge.
How is medical malpractice determined?
Medical malpractice results when a medical professional departs from the accepted standard of medical care in the diagnosis or treatment of a patient and that departure of care results in a serious injury or death. In order to prove medical malpractice it is necessary to have the medical records reviewed by a medical specialist in the same speciality as the medical provider involved to determine the standard of care and whether it was violated in your case. Three criteria must be met to prove medical malpractice: Breach of the standard of care (a mistake was made that should not have occurred); Causation (as a result of the mistake, you suffered an injury) and Damages (the mistake resulted in a loss to you or your loved ones such as financial expenses, serous injury, lost wages or death).
What kind of documents will I need for a malpractice case?
Compile all paperwork documenting your case, including a time line of events,bills, lab reports and any other information about your treatment. If you have seen other healthcare practitioners for the same problem or for problems connected to the same issue, include them as well as any notes taken about your condition before, during or after treatment. If your attorney has agreed to investigate your claim, he or she will obtain your consent to have all relevant medical records released to the attorney, who will then have them reviewed by an appropriate medical expert. />
What is a certificate of merit?
A certificate of merit is an affadavit provided by a qualified medical expert, who has reviewed the appropriate medical records and agrees that the medical provider involved departed from accepted medical practice in the diagnosis or treatment of a patient resulting in serious injury or death. In Ohio,a certificate of merit must be filed in Court with the lawsuit.
Can I sue the hospital as well as the doctor?
If the health care professional is an employee of the health facility, the facility itself can be sued under the legal doctrine of respondeat superior. However, if the health care professional was acting as an outside contractor, the facility might not be held liable unless it was negligent in granting privileges to the professional.