Medical Malpractice Lawyer In Columbus, Ohio
Medical malpractice (also known as medical negligence) is the failure of a medical professional to exercise reasonable care under the circumstances, resulting in injury or death of a patient. In Ohio, medical malpractice is governed by statute (ORC 2305.113) and include claims against the following types of medical professionals:
- Hospitals and employees
- Nursing homes and employees
If you or a loved one has been injured by the negligence of a medical professional, contact Beausay & Nichols Law Firm. Our firm is experienced at handling complex medical malpractice claims, from both sides — plaintiff and defense — giving us a unique perspective that many firms can’t offer. Below are a curated selection of some of the more common questions that many of our prospective clients have regarding medical malpractice.
What is medical malpractice?
Medical malpractice is a negligence claim against a health care professional or health care-related entity. In order to prove medical malpractice, you need to show that your health care provider failed in their responsibility to provide the required level of care you needed and that your injuries were caused by this failure.
What are examples of medical malpractice?
There are many types of medical malpractice, but here are some of the most common types of medical malpractice we see:
- Failure To Diagnose – this is a common example of medical malpractice when a doctor of a normal skill level fails to properly diagnose a condition that they should have properly identified, and now it is no longer treatable.
- Medication/Pharmaceutical Errors – another example is when a doctor gives an improper dose or incorrect medication to a patient, which causes significant injury.
- Surgical Errors – this is a more extreme example where a doctor performs a surgery but operates on the wrong part of the body.
- Discharged Too Early – when a doctor prematurely discharges a patient in their care and the patient is harmed because it was unsafe for them to be out of their doctor’s care.
There are many other cases in which malpractice can occur. However they involve fact-sensitive inquiries, which is why a medical malpractice lawyer is often necessary to determine if you may have a case.
What are the possible damages in a medical malpractice case?
Some states have imposed limits on the types of damages that can be won in medical malpractice trials. There is no limit on the amount of compensation that you can receive for the economic damages directly monetarily related to the injuries you suffered due to malpractice, such as medical bills, diminished wages and other losses. In Ohio, we are limited by a statutory cap on the amount of noneconomic damages that can be won in a medical malpractice action for non-monetary harm, such as pain and suffering. Under the law, a single plaintiff is limited to $350,000 for subjective harms directly related to the initial injury.
Who are the possible defendants in a medical malpractice case?
When you file a medical malpractice claim, there are a number of potential defendants that you can sue for damages. The primary defendant is normally the doctor or medical professional who was directly responsible for your care. The health care workers who assisted the doctor, such as nurses, physicians assistants, surgical team members and other medical workers, are also potential defendants, depending on the circumstances of your injury. Lastly, the medical facility that you were admitted to can also be a potential defendant, as it is responsible for the people who provided care for you.
What needs to be proven in order to prevail in a medical malpractice case in Ohio?
In Ohio, in order to establish medical malpractice, a victim must show “the existence of a duty, a breach of that duty, and an injury proximately resulting from the breach of duty” § 14:2. Medical malpractice defined, Oh. Personal Injury § 14:2 (2022 ed.). The steps to prove such a claim are complex and normally require at a minimum of strong expert evidence to support your case.
What is the statute of limitations in Ohio for filing a medical malpractice lawsuit?
In general, the statute of limitations for medical malpractice claims in Ohio is one year. This time starts from when you first sustained the injury that you suffered or when you should have been able to discover the injury through reasonable due diligence.
How long do medical malpractice cases take Ohio?
Medical malpractice cases can take longer than other negligence claims because of the complexities that are involved in proving these cases. The timeline from when you first file your lawsuit to when you get to trial can take two or more years.
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Free Consultations — No Fees Unless We Win Compensation
Although this experience is frustrating and painful, our medical malpractice lawyers can provide experience combined with compassion. Call Beausay & Nichols in Columbus, OH at 614-529-3476 or send us an email for a free consultation. We work on a contingent fee basis, meaning we will not charge you any legal fees unless we recover financial compensation for you.