Doctors are viewed as highly authoritative and trustworthy, but they can make mistakes like anyone else. The major difference is that an error made by a medical professional can threaten your life and livelihood.
A Westerville medical malpractice lawyer could help after a doctor’s mistake hurts you or your loved one. One of our seasoned personal injury attorneys could explain what might have happened and how to pursue compensation from the responsible party. Contact Olawale Law Firm today to schedule your initial consultation.
As a professional, a doctor holds a unique and respectable position in the community, but with that comes a responsibility to perform for the benefit of patients. A medical professional’s decision-making skills and training can significantly impact a patient’s health and well-being.
When a doctor makes a mistake, it could fall under medical malpractice, which can be the basis for a lawsuit. Errors that can lead to a malpractice claim include the following:
A malpractice claim works similarly to a negligence claim, with the plaintiff having to show evidence of a duty of care, breach of that duty, causation, and damages. However, medical malpractice claims depend on the level of care that another doctor with similar training would provide.
Understanding this standard and whether there was a breach often requires medical expertise from another expert professional testifying. There must be evidence of harmful care that led to legal damages, such as additional medical expenses, lost wages, or pain and suffering.
A Westerville attorney could work with their client to build and support a medical malpractice claim with evidence. From analyzing the initial incident to determining the extent of damage, a legal professional could coordinate the elements required to build a solid case.
Per Ohio state law, specific requirements must be met for a claim to be considered in court. These include meeting filing deadlines, supplying an affidavit or merit when necessary, and understanding how damage caps work.
A person must bring a claim within the one-year statute of limitations of Ohio Revised Code § 2305.113. However, the deadline can be extended if someone provides notice to the party or entity they plan to sue, allowing the claim to begin within 180 days of that notice. If a claim is not filed in time, an individual can lose all legal rights to compensation.
In addition, a person may need to supply an affidavit of merit at the onset of a malpractice claim. As required by Code § 2323.451 and by Rule 10(d) of the Ohio Rules of Civil Procedure, an affidavit of merit must come from an expert witness and work as a threshold mechanism showing that the doctor involved breached the standard of care. Without an affidavit of merit, a claim can falter almost immediately.
And finally, individuals should be aware of damage caps for malpractice claims. Economic losses, like medical costs and lost wages, are not capped by statute, but non-economic damages, like pain and suffering, have limits set by Code § 2323.43. Depending on the specific injury forming the basis for the claim, a cap of either $250,000 or $500,000 per plaintiff could apply.
A Westerville lawyer could be beneficial in explaining how each of these state-specific rules applies to a medical malpractice claim.
Determining if a doctor’s error has hurt or worsened your medical condition can be difficult and expensive. Fortunately, you do not have to look after your interests and health alone.
A Westerville medical malpractice lawyer could stand by you as you seek compensation. Call our offices today for a consultation on your case to determine if you have a claim.
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