Review of the Ohio Medical Malpractice Act

According to a recent report from the American Institute of Medicine, medical errors kill up to 98,000 people each year, and up to 7,000 patients die from medication errors.
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This far exceeds the annual death toll from road accidents (43,450), breast cancer (42,300) or AIDS (16,400).
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Under Ohio law, you often have only one year from the date of negligence to file a claim. If the victim of medical malpractice is a minor, additional time is allowed.
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Even if a doctor’s mistake is not fatal, it can cause serious, lasting damage, such as brain injury, paralysis, amputation, disability or disfigurement. Medical abuses are about much more than dollars or statistics. Mistakes have a terrible impact on the lives of innocent victims.
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Medical malpractices occur when a doctor does not act with a reasonable standard of care. When someone who is not a doctor makes a mistake, they are often said to have acted negligently. The abuse is simply negligence applied to medical professionals. It is tragic that a doctor’s mistake can have dire – or even deadly – consequences for a trusted patient.
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What is Medical Abuse?
Some forms of medical malpractice are indisputable, such as performing surgery on the wrong part of the body or the wrong patient or administering the wrong medicine.
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Other types of medical malpractice may not be obvious. For example, if a person has not been warned about the serious risk of a particular treatment or if the treatment unexpectedly causes a horrific injury, abuse may have occurred.
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In principle, a person may have a claim for abuse of a physician when the physician or other health care professional has failed to provide the correct treatment and the improper treatment has caused the patient another injury. The law requires evidence of a new injury, since it would be unreasonable to hire the health care professional responsible for the initial medical problem.
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Some examples of medical malpractice include:

  • Inability to diagnose a medical condition
  • Misdiagnosis of a medical condition
  • If the patient’s medical condition is not properly treated
  • Failure to administer anesthesia
  • Inability to manage pregnancy or have a baby safely
  • Inability of a nurse or other staff member to inform the treating physician of the patient’s condition
  • Misuse of medicines
  • Failure of a patient to fall or otherwise injure hospital property

The rights of Ohio Medical victims of abuse
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Unfortunately, many Americans die every year of medical errors. One of the best ways to help remedy this crisis in medicine is to make careless hospitals and doctors accountable for their mistakes.
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In Ohio, a patient has the right to sue any doctor or hospital that may have misused it. However, the requirements for filing an abuse case are lengthy and complex.

The laws governing malpractice law may be the most complex of all personal injury laws in Ohio. Failure to comply with Ohio legal requirements for a claim of abuse in Ohio means that the victim loses all rights to bring a case against a health care professional or hospital, which inadvertently causes serious injury – or even death.

If you or a loved one is a victim of medical malpractice, speak to a specialist malpractice lawyer in Ohio.

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