Medical malpractice occurs when patients seek care but are sometimes harmed due to medical negligence. From misdiagnoses and anesthesia errors to surgical negligence and failure to properly monitor patients, these medical mistakes can have catastrophic or even fatal consequences for the victims.
At The Henry Law Firm, our Akron medical malpractice attorneys aggressively challenge powerful hospitals and insurers that put profits over patient safety. Our team has a proven track record of achieving large financial awards for clients. If you or a loved one has suffered due to medical malpractice in Akron, OH, trust The Henry Law Firm to be your advocate. We will fight for the justice and compensation you deserve, leaving no stone unturned in the pursuit of your lawsuit for serious injuries.
Medical Malpractice Laws in Ohio
According to Ohio Revised Code § 2305.113, medical malpractice occurs when a healthcare professional, hospital, or medical facility fails to meet the accepted standard of care, resulting in harm or injury to a patient. To prove a medical malpractice claim in Ohio, the plaintiff must establish that the healthcare provider breached the standard of care and that the breach directly caused the injury or harm.
Standard of Care
The standard of care in Ohio refers to the level of care that a reasonably competent healthcare provider in the same field would provide under similar circumstances. This standard is evaluated based on the circumstances of each case, including the patient’s condition, the medical treatment required, and the provider’s expertise. If a healthcare provider deviates from this standard, their actions may be considered negligent.
Statute of Limitations
In Ohio, the statute of limitations for filing a medical malpractice lawsuit is generally one year from the date of the alleged malpractice or from when the injury should have reasonably been discovered. This means that a patient must file their lawsuit within one year from the date of the medical error or from the time they discover the injury caused by the error. For minors, the statute of limitations is tolled until the child reaches 18.
In cases where the malpractice involves a foreign object left inside the body (such as during surgery), the statute of limitations is extended to one year from discovering the object.
Affidavit of Merit
Ohio law requires that before filing a medical malpractice lawsuit, the plaintiff must obtain an affidavit of merit from a qualified medical expert. This affidavit must state that the expert believes the healthcare provider deviated from the accepted standard of care and that this deviation was the direct cause of the patient’s injury. The expert must be qualified in the same area of medicine as the defendant to testify to the medical issues involved.
Damage Caps
Ohio has caps on the amount of damages that can be awarded in medical malpractice cases. These caps are as follows:
- Economic damages (e.g., medical expenses, lost wages): There is no cap on economic damages in Ohio, meaning a plaintiff can be compensated for all actual financial losses incurred as a result of the malpractice.
- Non-economic damages (e.g., pain and suffering, emotional distress): The cap for non-economic damages is $350,000 per plaintiff, or $500,000 if the patient’s injury is permanent or catastrophic. If the injury results in death, the cap may be as high as $1 million for non-economic damages.
- Punitive damages: These are damages awarded to punish the defendant for egregious or malicious conduct. In Ohio, punitive damages are rare in medical malpractice cases but can be awarded if the defendant’s conduct was particularly reckless.
Vicarious Liability and Employer Responsibility
In Ohio, hospitals and other healthcare institutions can be held vicariously liable for the actions of their employees if the healthcare providers involved in the malpractice were acting within the scope of their employment at the time of the incident. This means that hospitals can be sued for the negligence of doctors, nurses, or other staff members, provided that those individuals were working as part of their job duties.
Ohio’s “State of the Art” Defense
Ohio also recognizes the state-of-the-art defense in certain cases. This defense asserts that the healthcare provider used the best available medical knowledge and techniques at the time of the treatment. If this defense is successful, the healthcare provider may not be held liable for the injury—even if the patient was harmed—as long as the provider followed the prevailing medical standards at the time.
Steps Our Akron Medical Malpractice Attorneys Will Take to Maximize Your Compensation
At The Henry Law Firm, our Akron medical malpractice attorneys are committed to providing aggressive, comprehensive, and personalized legal services to help you secure the compensation you deserve. Here’s how we will guide you through the process of recovering damages in your case:
Consultation and Initial Case Evaluation
Our process begins with a thorough consultation to evaluate your situation. We will listen carefully to your account of the medical error and the doctor-patient relationship as we assess the strength of your claim based on the facts.
Notifying the Responsible Parties
Once you hire us, we will promptly notify the hospital, healthcare providers, and any other medical professional involved in your case about your intent to file a medical negligence claim. We may also issue a preservation notice to secure all relevant records, documents, and physical evidence.
Notifying Regulatory Agencies
We will notify regulatory agencies such as the Ohio Medical Board. These agencies usually investigate complaints of malpractice and can assist in providing additional documentation or evidence to support your claim.
Filing the Claim
Once we have gathered sufficient evidence, we will file your medical malpractice claim in the appropriate court, typically a state trial court in Akron, Ohio. If your case involves a healthcare provider covered by a state or federal program, we will make sure the claim is properly filed under those specific rules.
Affidavit of Merit
In Ohio, an Affidavit of Merit is required in all medical malpractice cases. We will help secure an affidavit from a qualified medical expert, which confirms that the healthcare provider’s actions deviated from the accepted standard of care and caused harm. This is vital to ensuring your claim proceeds.
Collecting Evidence
Our legal team will move fast to collect evidence to support your case, which includes:
- Medical records: Hospital records, surgical notes, doctor’s reports, and test results
- Diagnostic reports and imaging: CT scans, MRIs, X-rays, and other diagnostic tools used during your care
- Witness statements: Statements from witnesses, including other medical staff, patients, and anyone else who may have witnessed the events in question
- Medical bills and financial records: Documents are required to prove the economic damages in your case, including medical expenses, lost wages, and future treatment needs
- Medical history: Your full medical history to identify any pre-existing conditions that could have contributed to the outcome
Hiring Expert Witnesses
Our experienced medical malpractice lawyers in Akron will hire relevant expert witnesses to testify on your behalf. These experts may include:
- Medical professionals in the same field as the defendant to testify about the standard of care in similar medical malpractice claims
- Forensic experts to analyze medical records and treatment procedures
- Economic and vocational experts to quantify the financial impact of the malpractice, including lost wages, ongoing medical treatment costs, and diminished earning potential
Aggressive Settlement Negotiations
While we are fully prepared for trial, our Akron medical malpractice lawyer will engage in aggressive settlement negotiations with the defendant’s insurance company. Our goal is to achieve a fair settlement that compensates you for your injuries, pain, suffering, medical costs, and lost wages. We leverage our evidence, expert testimony, and legal skills to achieve the best possible outcome.
Trial Preparation from Day One
Even while negotiations are ongoing, our Akron medical malpractice legal team will prepare for trial from day one. Our medical malpractice case trial preparation includes the following:
- Case strategy development: We will develop a strategy based on the facts, focusing on proving liability, damages, and the negligence of the medical provider.
- Trial motions and hearings: We file motions to ensure that our evidence is admissible in court and that any obstacles from the defense are addressed.
- Jury selection preparation: We will carefully strategize for jury selection to ensure the fairest panel is chosen for your case.
Trial and Judgment
Our team will take your case to trial if a fair settlement cannot be reached. We will present the evidence, call expert witnesses, and strongly advocate for your rights in front of the jury. Our goal is always to seek a judgment that reflects the full extent of the harm you have endured.
Throughout this process, we will be by your side. Our Akron medical malpractice attorneys at The Henry Law Firm are here to fight for you and ensure that your voice is heard during negotiations or in the courtroom. To schedule your free consultation, call us at (440) 337-0083 or contact us online.
