What Qualifies as Medical Malpractice in Ohio?

Unfortunately, medical malpractice in Cincinnati is a reality that has the power to devastate patients and their families. When you need medical care, you trust that practitioners are there to help you get better. The last thing you expect is to suffer further harm.

Whether it is a misdiagnosis, a surgical error, or another type of medical malpractice, the loss of trust—coupled with the physical ramifications of an injury—can leave victims reeling. In addition, the financial impact can be overwhelming when you need all your energy to heal.

At Burg Simpson, we are Good Lawyers. Changing Lives.® and we are ready to help you and your family through this difficult time. You deserve just compensation for your suffering, and we are committed to holding negligent parties accountable for their actions.

If you believe you or a loved one has been the victim of medical malpractice in Cincinnati, call 513-852-5600 today to schedule a FREE and confidential case evaluation. Our medical malpractice attorneys are proud to help clients find the justice they deserve.

What Is Medical Malpractice?

Medical malpractice occurs when a healthcare provider fails to meet the standard of care expected in their field, which leads to the harm or injury of one of their patients. This can consist of both actions and inactions on the part of doctors, nurses, pharmacists, and other medical personnel.

Medical malpractice in Cincinnati, as in the rest of Ohio, involves a breach of the duty of care that a competent medical professional would have provided in similar circumstances. For instance, consider a surgeon who operates on the wrong limb of a patient. This treatment deviates significantly from standard surgical practices. The patient has suffered additional, unnecessary harm, and their initial ailment is still untreated.

How Do You Determine Medical Malpractice?

To determine medical malpractice in Cincinnati, four elements must be proved:

1. Duty of Care: A provider-patient relationship must be established, meaning the provider had a duty to provide care to the patient.
2. Breach of Duty: You must prove that the medical professional breached that duty by acting in a way that a competent peer would not have given the same circumstances.
3. Causation: A direct line of causation between the medical provider’s actions or inactions and the injury to the patient must be shown.
4. Damages: You must be able to show that losses were suffered due to this harm or injury, such as medical expenses, lost wages, pain and suffering, etc.

Perhaps a patient is prescribed a medication that they are known to be allergic to despite that information being clearly noted in their medical records. Then, the patient has an allergic reaction that sends them to the hospital in an ambulance. After their hospital stay, they are left with massive medical bills and many days of missed work. In this case, the doctor who prescribed the medication may be liable for medical malpractice.

What Are Three of the Most Common Medical Malpractice Claims?

Three of the most common types of medical malpractice claims are:

1. Misdiagnosis, Delayed Diagnosis, or Missed Diagnosis: This is when a practitioner misdiagnoses an illness, fails to diagnose in a timely manner, or misses the illness altogether. This can result in a delay in treatment and worsening of the patient’s condition.
2. Surgical Errors: These include mistakes made during surgery, such as operating on the wrong site, leaving surgical instruments inside the patient, or causing unintended damage to organs.
3. Medication Errors: This can involve prescribing the wrong medication, incorrect dosage, or failing to check for potential drug interactions.

These are only a few examples of how medical negligence may manifest. If you suspect your injury is the result of medical malpractice, you may have a claim for compensation. Consulting an attorney will give you a better idea of the viability of your claim.

Who Can Be Held Liable for Medical Malpractice in Cincinnati?

In Ohio, medical malpractice liability can extend to a number of healthcare providers and institutions. Any medical professional or facility that fails to meet the standard of care, resulting in injury to a patient, may end up being held accountable in a medical malpractice claim. This may include:

• Doctors
• Surgeons
• Nurses
• Anesthesiologists
• Hospitals
• Clinics
• And more

If a hospital in Cincinnati fails to maintain sterile conditions in its operating rooms and a patient contracts an infection as a result, the hospital and responsible staff may be held liable for medical malpractice.

What Is the Average Medical Malpractice Settlement in Ohio?

Calculating an average Ohio medical malpractice settlement amount could be misleading. Each and every case is unique. Thus, settlements vary widely depending on the circumstances.

Typically, settlements may range from tens of thousands to millions of dollars. Factors that may affect the settlement amount include:

• Medical expenses
• Lost income & earning capacity
• Pain & suffering
• Long-term effect on patient’s quality of life

That being said, Ohio does put a cap on non-economic damages recoverable in a medical malpractice suit. According to Section 2323.43 of the Ohio Revised Code, non-economic damages should not exceed the greater of $250,000 or three times the plaintiff’s economic losses, with a max of $350,000 per plaintiff or $500,000 per incident.

However, in cases of “permanent and substantial physical deformity, loss of use of a limb, or loss of a bodily organ system” or a permanent injury that “prevents the injured person from being able to independently care for self and perform life sustaining activities,” those limits are raised to $500,000 per plaintiff and $1 million per incident.

To better understand the potential settlement amount for your claim, it is best to consult a medical malpractice lawyer. They can look at the details of your specific case and give you an idea of the viability of your claim and the potential recovery.

How Long Do You Have in Ohio To File a Medical Malpractice Suit?

In Ohio, the statute of limitations on medical malpractice claims is 1 year from the date the injury was discovered or should have reasonably been discovered. Though this rule has some exceptions, acting swiftly is your best course of action.

Building a strong claim for compensation is especially difficult in medical malpractice claims. Experts must be consulted and evidence evaluated to prove that a provider or facility’s action or inaction was negligent. Then, insurance companies—which are very concerned with their own profits—will go out of their way to delay the process, hoping that you will accept a lower offer.

Consulting an attorney early on ensures that every opportunity for justice is taken in the required timeframe. However, giving your lawyer adequate time and assistance will help them secure the compensation you deserve.

Contact the Medical Malpractice Attorneys at Burg Simpson Today

If you or a loved one has been a victim of medical malpractice in Cincinnati, we understand your heartache and pain. It is one thing to be injured by the negligence of another—it is entirely different when you went to them for help.

Our medical malpractice lawyers have the experience and dedication to guide you through this difficult process. Contact Burg Simpson today for a FREE, no-obligation consultation. Our attorneys serve clients throughout Ohio from our office in Cincinnati.