Reliable Representation in Cleveland, Columbus, & Beyond
No human being is immune to mistakes, and healthcare professionals are no exception. While we rely on and trust in our medical providers to recommend safe and effective treatments for our health, the occasional error or lapse in judgment is inevitable—even for medical personnel with extensive experience and expertise in their fields.
At Friedman Nemecek Long & Grant, L.L.C., our determined medical malpractice attorneys have the in-depth legal knowledge and specialized skillset to fight for maximum compensation and justice on your behalf after suffering due to a negligent physician, clinic, or hospital. In the wake of the coronavirus pandemic, it’s more important than ever for Columbus residents to hold medical professionals accountable for their actions.
That’s why our firm is dedicated to protecting our Columbus neighbors from harm, ensuring their access to safe and ethical medical care. If you were the victim of medical malpractice, it’s imperative to seek representation as soon as possible to demand the compensation you rightfully deserve. As respected leaders in the legal community, we can help determine the best legal recourse to pursue while guiding your steps with wisdom and integrity.
If you or a loved one was injured due to medical malpractice, it’s imperative to seek strong representation as soon as possible. Contact our firm to learn how we can fight to obtain the maximum compensation you deserve.
What Constitutes Medical Malpractice in Columbus, OH?
In Ohio, medical malpractice is defined under Ohio Revised Code § 2305.113. Essentially, medical malpractice occurs when a healthcare professional deviates from established standards of care through negligence or omission, resulting in injury or death to the patient.
Statute of Limitations
The statute of limitations for medical malpractice claims in Ohio is within 1 year after the incident. This 1-year timeframe is initiated on one of the following dates:
- When the medical malpractice occurred;
- When the plaintiff discovered or should have discovered the injury “through reasonable care and diligence”; or
- When the physician-patient relationship was terminated.
To understand which of the above applies to your specific circumstances, the plaintiff should consider which of these 3 dates occurred last, as this will determine when the 1-year statute closes for that particular case.
One key exception to the statute of limitations for medical malpractice applies when a plaintiff notifies the offending physician or institution of their intention to file a claim, in which case they will have an additional 180 days to file with the court.
Burden of Proof
In medical malpractice cases, the burden of proof rests with the plaintiff, meaning that it’s up to the patient to prove that their injury or illness occurred as a direct result of the physician’s actions. To have a viable medical malpractice case, the plaintiff must establish four key elements:
- Duty – The healthcare provider owed the plaintiff a duty of care.
- Breach – The healthcare provider breached that duty by deviating from the accepted standard of care.
- Injury – The patient suffered an injury as a result of that breach.
- Causation – The healthcare provider’s breach of duty directly caused your injury.
Types of Medical Malpractice
At our firm, we specialize in medical malpractice cases and understand the complexities that they entail. If you or a loved one has been a victim of medical malpractice in Ohio, our experienced attorneys can help guide you through the process. Medical malpractice can take many forms, including (but not limited to):
- Birth injuries – These can occur when a healthcare provider’s negligence results in injury to the baby or mother during pregnancy, labor, delivery, or postpartum care.
- Medical negligence – This occurs when a healthcare provider fails to provide the standard of care expected in their profession, which results in patient harm.
- Misdiagnosis or delayed diagnosis – When a healthcare provider incorrectly or belatedly identifies a medical condition, it can prevent timely and appropriate treatment, leading to further harm.
- Surgical errors – These involve mistakes made during surgery, such as operating on the wrong body part or leaving surgical instruments inside the patient.
Failure to prevent or treat an infection or illness – When a healthcare provider fails to prevent or appropriately treat a medical condition, resulting in harm to the patient. - Prescription errors – These occur when a patient is prescribed the wrong medication, incorrect dosage, or a drug that interacts negatively with other medications.
- Anesthesia errors – These involve mistakes with the administration of anesthesia, potentially leading to serious harm or death.
Recoverable Damages in Medical Malpractice
Victims of medical malpractice in Columbus can recover both economic and non-economic damages. Economic damages include quantifiable losses, such as:
- Medical expenses
- Lost wages
- Future earning capacity
Non-economic damages compensate for more subjective harms, such as:
- Pain and suffering
- Emotional distress
- Loss of companionship
- Loss of enjoyment of life
While there is no cap for economic damages in medical malpractice lawsuits, Ohio law does set a maximum for non-economic damages, capping compensatory damages at $250,000 (or three times the economic damages, if that amount exceeds the cap).
Contact a Trusted Columbus, OH Medical Malpractice Lawyer
Navigating a medical malpractice claim can be complex and challenging, but you don’t have to do it alone. Our Columbus medical malpractice attorneys are here to demand the justice and compensation that you and your loved ones are rightfully entitled to.
Don’t risk your economic security and well-being by failing to seek representation after an incident of medical malpractice. Our firm has a successful track record delivering the personalized high-end legal services that victims of medical malpractice need to turn the page and move on with their lives. Reach out to Friedman Nemecek Long & Grant, L.L.C. to learn how we can help protect your rights, allowing you to focus on your recovery and healing.
Being the victim of medical malpractice can be terrifying and confusing. Turn to an attorney you can trust to keep your best interests at heart. Call (614) 503-7789 to schedule a consultation.
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