When you visit the doctor’s office, you hope to receive the treatment you need so you can get back on your feet and carry on with your day-to-day activities. Unfortunately, it is not uncommon to sustain an injury or develop a complication while under the care of a healthcare provider. If this happens, you may hold the doctor or hospital liable through a medical malpractice claim.
However, medical malpractice claims, like other civil claims, are a legal process. As such, it is important to understand key statutes that can impact the outcome of your claim.
Suing for medical malpractice in Ohio
To file a successful medical malpractice claim, you must prove certain elements. First, you need to prove that there was a doctor-patient relationship. Next, your case must have merit. Per the state’s Rules of Civil Procedure, you must include an affidavit of merit in your claim. This is a sworn statement from a medical expert that stipulates the following:
- That they reviewed all available medical records pertaining to your claim
- That they understand the applicable standard of care you should have received
- That, in their opinion, this standard of care was breached by the defendant and this resulted in your injuries.
Medical malpractice claims are quite complicated, and this explains the importance of having expert testimony.
Statute of limitation for medical malpractice claims
As with other legal actions, you cannot bring your medical malpractice at your convenience. You must act within the statute of limitations period. In Ohio, this means bringing your claim within one year from the date of the injury or when the complications arising from the malpractice were reasonably discovered. You may forfeit your right to sue if you do not act within the statute of limitations period.
If you or a loved one sustains an injury or develops complications because the healthcare provider or hospital failed to uphold their duty of care, you deserve justice. Learning more about Ohio’s medical malpractice laws can help you protect your rights and interests while bringing a medical malpractice claim.