Every day, Toledo residents rely on the experience and advice of doctors and other medical practitioners. These professionals have an obligation to provide their patients with a minimum standard of medical care; unfortunately, that standard is not always met. This often results in medical errors that can lead to life-altering health consequences.
When you sustain an avoidable medical injury or illness, you could seek justice with the help of a proactive personal injury attorney. You deserve competent legal counsel who understands how to diligently pursue the case result you deserve. Before taking any action, discuss your options with a Toledo medical malpractice lawyer.
Common Examples of Medical Malpractice
Not every medical mistake is equal. These acts of malpractice take various forms, and they can have extremely different outcomes. An experienced Toledo medical malpractice attorney could pursue legal action for any of the following medical errors:
Surgical mistakes are often devastating. These errors not only fail to address the underlying health issue, but they could also cause damage to healthy tissues or organs.
Misdiagnosis occurs when a doctor fails to identify a patient’s injury or illness. This can happen when a doctor fails to recognize that anything is wrong at all, or it can involve simply failing to diagnose the condition when an average doctor with similar training would have been able to do so.
For some patients, a delayed diagnosis is as dangerous as no diagnosis at all. Some conditions require immediate, aggressive treatment to avoid serious health risks. Even a short delay could be life-threatening in some cases.
Time Limits on Filing a Medical Malpractice Claim
As with any injury case, there are time limits on a medical malpractice lawsuit. In fact, the law applies specific deadlines to this type of legal action: the statute of limitations and the statute of repose.
The statute of limitations applies in every civil lawsuit. It is the formal deadline that plaintiffs must comply with or risk losing the opportunity to proceed with a legal claim. It is important to contact an experienced Ohio medical malpractice attorney as soon as possible because under Ohio Revised Code § 2305.113, the statute of limitations for a medical claim generally expires one year from when the claim accrues.
Understanding when a medical claim accrues requires a legal analysis by an experienced attorney. Certain factors can affect the analysis such as:
- When the malpractice occurred
- When the physician-patient relationship terminated
- When the plaintiff could have discovered the illness based on reasonable diligence
Even more importantly, according to O.R.C. § 2305.113(C), plaintiffs have a maximum of four years after the date of the malpractice to file suit. This is called a statute of repose and after the date has passed, injured patients no longer have a legally recognized claim they can file.
Statutes of limitation and statutes of repose both apply to medical malpractice claims in Ohio. A well-practiced medical malpractice lawyer in Toledo could help an injured party navigate these critical legal deadlines. Please do not assume you understand these deadlines on your own.
Contact a Toledo Medical Malpractice Attorney Today
If you are living with a medical injury or illness, you may be entitled to a financial reward. You do not have to take on negligent health practitioners alone. Get in touch with a Toledo medical malpractice lawyer today. A dedicated attorney is ready to help you seek the fair compensation you deserve for your damages.