Process of a Medical Malpractice Case in Toledo

Medical malpractice can have serious—or even fatal—health consequences. From missed diagnoses to surgical errors, these mistakes can alter the course of your life forever. You have the right to pursue a civil lawsuit and seek justice for the harm you have suffered.

Before you move forward with your claim, it is helpful to understand the process of a medical malpractice case in Toledo. These lawsuits are complex, with elements that are not present in a typical personal injury action. Let our experienced medical malpractice attorneys answer your questions and guide you along the way.

Complying With the Statute of Limitations

One of the most important steps you can take before the Toledo medical malpractice case process begins is reviewing the statute of limitations. This legal deadline can upend even the strongest cases, limiting your ability to seek justice after a medical mistake.

Ohio has a specific deadline for medical malpractice cases. In most situations, plaintiffs have one year to file their lawsuit. While this is generally one year from the date the medical mistake occurred, there are times when it might not be easy to pinpoint a specific moment. For example, there is no way to know exactly when a delayed diagnosis resulted in a patient’s deteriorated condition.

To counteract that, the law allows plaintiffs to file their case within one year of when they should have reasonably discovered their condition.

Securing an Affidavit of Merit

One of the most unique aspects of the medical malpractice case process in Toledo is the affidavit of merit. State law requires a plaintiff to include this document with a medical malpractice lawsuit. The affidavit must be signed by an expert witness, which is typically a doctor. The expert must swear under oath that they:

•       Reviewed all relevant medical records
•       Are familiar with the medical standard of care
•       Believe that standard was not upheld
•       Can confirm an injury occurred as a result of malpractice

The court is required to dismiss suits that do not comply with this rule, although it is possible to seek an extension for additional time to provide an affidavit.

Filing the Lawsuit

If the case does not settle, filing the lawsuit is a critical step toward justice. Once they file a lawsuit, the plaintiff must serve the negligent medical care provider with a copy of the paperwork. This includes a summons instructing them on when to make their first appearance in court.

Conducting Discovery

After the lawsuit has been filed, one of the most important steps in the Toledo medical malpractice process is the discovery phase. This is the period of a lawsuit where both sides share the evidence they intend to use with the other side. This can provide a clear picture of how strong a malpractice claim might be. Lawsuits frequently settle as this phase wraps up.

Talk to a Lawyer in Toledo About the Process of Filing a Medical Malpractice Claim

No one should have to live with an avoidable medical mistake. These errors can upend your life, causing you tremendous emotional and physical harm. A civil suit is an option, but navigating the process of a medical malpractice case in Toledo on your own can be difficult.

Reach out to Zoll & Kranz, LLC right away to learn more about your legal options.