Ohio Medical Malpractice Attorney

Written by Beth Hrusch
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Ohio medical malpractice laws have been amended several times in the past two decades. For someone involved in a possible malpractice case, this can make an understanding of state law difficult if not impossible. Attorneys in the state of Ohio who specialize in medical malpractice can help their clients apply current law to their individual cases, thus determining whether malpractice has, in fact, occurred.

Current Ohio Malpractice Laws

At this time, state law imposes conditions that define what constitutes malpractice and how cases must be handled. For example, in Ohio a plaintiff must file suit against a physician within one year of the alleged injury. If wrongful death has occurred, a suit may be filed within two years of the victim's death. Negligence definitions have also changed, and should be reviewed and explained to the client.

Issues such as vicarious liability, or the responsibility of hospitals for their employees, may also come up in a malpractice case. In Ohio, hospitals may be held responsible if certain criteria are met. State law also allows, but does not mandate, cases to go to arbitration. While the decision of an arbitration board is non-binding if the case goes to court, it is an option for settling the case without going to trial.

The rights and responsibilities of the plaintiff should be clearly explained by a malpractice attorney before action is taken. In order for malpractice to be established, one of several conditions must exist, and a clear doctor-patient relationship must be proven. An Ohio medical malpractice attorney will work with the client to establish these conditions and determine if a case exists under current Ohio law.


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