You may recall a recent post where we discussed the importance of time in medical malpractice cases. The statute of limitations in Ohio dictates that you have precisely one year to file a medical malpractice case, though there are rules on when that clock starts running. If you or a loved one has been harmed by or in the care of a medical provider, your instinct may be to file a medical malpractice lawsuit immediately. Before you do so, there are some steps you should take.
We live in a society in which credentials carry considerable weight when it comes to persuasion. Nowhere is this more true than with the medical profession.
A trip to the doctor in Columbus, Ohio, can be filled with anxiety if you are sick or injured. First, you feel terrible, and you probably fear what the diagnosis will be. One thing you should not be concerned about is the ability of the doctor to properly diagnose and treat what is wrong with you, but, sadly, this might not be true in many cases.
A medical malpractice attorney, like all lawyers, must constantly be aware of possible changes to the law that could affect current and future clients. There is a bill before the Ohio General Assembly that would allow doctors to apologize to patients for mistakes they made to the detriment of the patient, without having that apology or admission of error be used later as evidence or admission of guilt by the doctor in a possible future medical malpractice case.
Medical malpractice lawsuits in Ohio are variations of basic lawsuits for negligence. In addition to proving that the defendant owed the plaintiff a duty of care, one of the elements that the plaintiff must also prove to be successful is that some harm ensued as a direct result of that breach of duty.
At times medical malpractice cases go unreported. In other instances, victims file their complaints after a considerable amount of time elapses. This can be because of unawareness of the occurrence of an injury, or a long recovery period. If the delay in discovering or taking action on an injury resulting from a medical mistake takes too long, unfortunate victims can end up missing compensation that negligent doctors rightfully owe them.
Most surgery complications are treatable. But in some cases, doctors miss the signs that something has gone wrong. A recent failure to diagnose suit resulted in damages for a Hamilton, Ohio, woman who suffered a debilitating medical mistake.
Sometimes making a mistake can cause serious consequences. And if other actions are then based on the mistake, the consequences can continue to grow even more serious. When that medical mistake is a medical diagnosis, the results can be devastating or even deadly.
A nursing home in Lima, Ohio, has been named among the defendants in a wrongful death lawsuit arising out of the death of a man placed in its care.
An Ohio hospital and a physician whom it employed have been held jointly liable for injuries suffered by an infant when a delayed delivery resulted in a devastating brain injury. The injury has led to serious, life-long disabilities for the boy, who is now 11. The child and his mother were recently awarded $14.5 million, including $8 million for the anticipated cost of care over the lifetime of the boy.