Among the list of personal injury claims, medical malpractice lawsuit cases are more complex. While that's true in most states, many factors come into play when filing a medical malpractice lawsuit in Ohio. Consequently, both counsel and plaintiffs (injured patients or their legal representatives) should be familiar with medical malpractice procedural rules.Those are what we aim to address in this article. Here, we'll examine the three things you must know about medical malpractice lawsuit cases.

3 Things You Must Know When Filing Medical Malpractice Lawsuit in Ohio

Among the many legal rules, three stand out as particularly important when it comes to medical malpractice lawsuits in Ohio. These are the statute of limitations, affidavit of merit and damages cap.

Medical Malpractice Statute of Limitations

Like other states, Ohio has a dedicated statute of limitations for medical negligence and malpractice. The Statute of Limitations states the period a person can file a lawsuit following an injury. According to the Ohio Revised Code section 2305.113, plaintiffs must file their lawsuits within one year after the medical error.Ohio courts interpret the commencement of the one year in three ways, whichever occurs later:

• The time you discovered the injury

• The moment you reasonably should have discovered it

• When your doctor-patient relationship ends

The section also describes another four-year statute of limitation outside the one-year period. You may avail of the four-year deadline for filing medical malpractice lawsuits provided the following scenarios:

1. Suppose you could not have discovered the injury, despite exercising reasonable care and diligence, within three years after the malpractice. However, you must learn about medical negligence and malpractice before the four-year deadline ends. After which, you have one year to file a medical malpractice lawsuit.

2. You may still file a medical malpractice claim even after the four-year deadline. This only applies if you discover a foreign object inside your body from a previous medical procedure after four years.

3. You may extend the one-year statute of limitations by six months if you intend to sue the medical malpractice defendants. This occurs when you send a formal notice informing the defendants of your intention. But they must receive the letter before the one-year deadline ends.

These are the only exceptions to the statute of limitations surrounding a medical malpractice lawsuit. File beyond this period, and the defendants may request to dismiss the case, which the court will grant.

Affidavit of Merit

The Affidavit of Merit is another component of medical malpractice claims that victims should know. An Affidavit of Merit refers to an expert witness's sworn statement to confirm the plaintiff's claims. Within the document, the expert, usually a doctor or another licensed health professional, swears under oath that:

• They have diligently reviewed the medical records available to the plaintiff

• They know the medical standard of care that applies to the plaintiff's case

• They believe the defendants have not met the standard of care

• They believe medical negligence and malpractice resulted in the plaintiff's injury

Any medical malpractice lawsuit without an Affidavit of Merit is subject to dismissal. Plaintiffs may request an extension should they require additional time to secure the Affidavit of Merit.

Medical Malpractice Damages Cap

Finally, the last detail about medical malpractice lawsuit cases that victims should know is the damages cap. This refers to the compensation limit that a plaintiff may receive from a successful medical malpractice lawsuit.During personal injury cases such as this, victims may experience two types of damages: economic and non-economic damages.The former refers to measurable damages like payment of medical care, lost income, lost earning capacity and other financial losses. Conversely, the latter point to compensation for intangible damages stemming from the accident, like:

• Pain

• Suffering

• Emotional distress

• Anxiety

• Depression

• Loss of enjoyment

The damages cap only applies to non-economic damages.The Ohio Revised Code section 2323.43 states different damages caps for various medical malpractice scenarios. Non-economic damages may not exceed $250 thousand or three times the plaintiff's economic damages, which is higher. But the overall maximum per plaintiff is set at $350 thousand.However, if there is more than one plaintiff, the total maximum may increase to $500 thousand. If the malpractice resulted in catastrophic injuries, the cap might bump to $500 thousand per plaintiff or $1 million per case.There are many nuances surrounding medical malpractice lawsuits, and navigating the case alone can be challenging. It's essential to seek an experienced personal injury attorney, like Kevin Sandel of Sandel Law Firm, to handle these cases. While we're hoping for the best for every medical check-up we undergo, don't hesitate to call should you need help. Our office is always open to help you with personal injury claims. Book a free consultation with us, and let's pursue justice and your rightful compensation together.