At Mills, Mills, Fiely & Lucas, we are dedicated to helping individuals and families in Canton and throughout Ohio navigate the complex process of holding negligent doctors, nurses and other health care professionals accountable for their mistakes in medical malpractice lawsuits. While we pride ourselves on being available for our clients whenever they need us and answering questions whenever they arise, we understand you may want to get answers before contacting us to schedule an initial consultation with our firm. Below is just a sample of common questions we get asked regarding medical malpractice.
If you require more information or would prefer getting answers specific to your circumstances, we encourage you to call 330-754-1888 to make an appointment with one of our experienced and compassionate attorneys.
How Do I Know If I Have A Medical Malpractice Claim?
Patients who suffer serious complications or injuries in a hospital or medical facility may have grounds for a medical malpractice lawsuit if their injuries or condition were the direct result of conduct that fell below the “standard of care.”
The “standard of care” is a set of generally accepted procedures and practiced by all medical professionals who are expected to adhere to these procedures while performing particular treatments. There are many forms of negligence that can fall under this umbrella, including but not limited to:
Who Can File A Medical Malpractice Claim?
If medical malpractice results in injuries to a victim, he or she may file a claim on their own behalf. Under Ohio law, spouses or family members are not allowed to do so on a victim’s behalf.
In cases where medical malpractice results in wrongful death, only the executor of the estate is allowed to file a lawsuit.
How Long Do I Have To File A Lawsuit?
The length of time given to victims of medical malpractice is called the statute of limitations. This is the window of time in which victims — or executors of an estate — can choose to file a claim for compensation to recover damages for an injury or death caused by a medical professional’s negligence.
In Ohio, the statute of limitations is one year after an injury is discovered or would have been reasonably discovered. In wrongful death cases, that window of time is expanded to two years following an incident. If this window of time passes, the victim no longer has the right to file a claim.
Because plaintiffs in these types of cases have such a narrow window of opportunity in which to seek compensation, it’s important to reach out to a qualified attorney as soon as possible so they have time to assess your case, determine who is liable, gather necessary documents and medical records, and file in a timely manner.
What Compensation Am I Entitled To If I File A Lawsuit?
Compensatory damages are the most common form of damages sought in medical malpractice cases. These types of damages cover any economic losses suffered by the victim as a result of medical negligence. This can include:
- Medical bills and hospital expenses
- Lost wages, both present and future
- Medication costs
- Doctor and specialist visits
- Physical therapy
- Reconstructive surgeries
What Will I Need In Order To Prove My Case?
Before you file a medical malpractice claim, you need to be able to prove with the help of supporting evidence that a doctor, nurse, medical professional or hospital’s negligence was the reason for your injuries or the death of a loved one. To make sure your case is strong, our attorneys will help you obtain:
- Your medical records
- Testimony from nurses and staff
- Copies of hospital procedures
- Witness testimony
- Video and audio recordings (if they exist)
- Testimony from other expert medical professionals
Will I Need To Go To Court To Recover Damages?
Going to court will depend on your situation. While a majority of medical malpractice cases are settled without a jury trial in Ohio, the need for litigation depends heavily on the amount being offered in the settlement, whether it covers present and future expenses, and whether the defending party is willing to negotiate in good faith with the victim.
We have decades of experience as litigators and are confident in our ability to advocate strongly on your behalf if negotiations fall apart, and we have to argue your case before a judge.