Medical malpractice occurs when a physician, hospital, or other medical professional has failed to provide medical care that meets the minimum required standard of care. You as a patient have the right to expect adequate service from your health care professional. The consequences of medical malpractice can be devastating.
According to a Harvard Medical Study, as nearl 100,000 people die each year due to medical malpractice and many more injured. When medical malpractice occurs, the patient often sustains injuries that are permanent and deadly. Medical malpractice often occurs in specialized fields of medicine such as obstetrics-gynecology, neurosurgery, emergency medicine and orthopedics but may happen in any area of medicine. Common medical malpractice cases are the result of:
- Misdiagnosis or Failure to Diagnose
- Surgical Errors
- Failure to Treat
- Anesthesia Errors
- Poor Care
Additionally, injuries sustained by a patient in a hospital due to poor care rendered by the hospital staff is a medical negligence claim and must meet the requirements necessary to file a medical negligence claim. Medical malpractice cases are very difficult and expensive. If you or a loved one believes you have suffered from medical malpractice, you should contact an attorney as soon as possible because the attorney, in most cases will need to review all of the patients medical records and consult with a physician to see if the medical professional you believe committed malpractice did in fact fall below the standard of care. This process can take several weeks.
If malpractice has occurred, you may recover damages for loss of your earning capacity, pain and suffering, emotional distress, medical expenses, lost wages, and in some cases, punitive damages.
Medical malpractice cases, like all other personal injury claims, are subject to a Statute of Limitations. This limits the time a person has to file a case and varies depending on the type of case. In Kentucky, the time limit to file a medical malpractice lawsuit is usually one year from the date of the injury, though this time limit can vary depending on the specific circumstances of your case.
In Ohio, a medical malpractice action must be commenced within one year after the alleged malpractice occurred. A cause of action for medical malpractice accrues when the claimant discovers or in the exercise of reasonable care and diligence, should have discovered the resulting injury, or when the physician-patient relationship for that condition terminates, whichever occurs later. If a medical malpractice claimant gives written notice to the prospective defendant within the one-year limitation period, the claimant may bring an action at any time within 180 days of that notice. This is commonly referred to as a 180 day letter. Please be aware that this letter must be prepared correctly or there is a risk that the case will be dismissed.
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