A health care professional’s negligence can lead to complications and injuries and even death. To hold a doctor or hospital accountable, your lawyer must file a lawsuit within one year from either the date you should have reasonably discovered the medical error or one year from the termination of the physician-patient relationship, whichever is later. There is also a procedure to extend the deadline by 180 days if your attorney delivers a letter to your health care professional before the one-year time limit has expired.

What Steps do You Take to Begin a Medical Malpractice Case in Ohio?

1. Consult a Lawyer

Medical malpractice suits are complicated and expensive with many technical pitfalls. This type of claim requires not just any attorney, but an experienced attorney who has handled many medical negligence claims. The attorneys at Miraldi and Barrett have this type of experience.

2. Obtain Copies of Your Medical Records

If you have not previously obtained your medical records, your attorney will secure them from the doctor or hospital. Your attorney will have them reviewed by outside medical experts who will make a preliminary determination of negligence.

3. Discussions with Medical Provider

If your attorney believes it would be beneficial, he or she may initiate settlement negotiations with the insurance company representing the negligent doctor or hospital. Generally, the doctor or hospital will initially deny that they committed any act of negligence.

4. Acquire an Affidavit of Merit

In most cases, no meaningful settlement discussion will occur prior to the expiration of the time limit to file the claim. Ohio law requires that the person bringing a medical malpractice claim file an Affidavit of Merit with the suit papers. Your attorney must find a medical expert who will review the medical records and sign an affidavit stating that in his or her opinion, after reviewing the medical records, that the treating physician or hospital employees provided substandard care and that this poor care caused injury or death.

5. File a Claim

Once your attorney has obtained the affidavit, he or she can file the claim. It is not unusual for these cases to last several years due to their complexity.

You’ll need representation that understands the process and can hold those responsible accountable. For 70 years, Miraldi & Barrett, Co. has served Northeastern Ohio and Lorain County with compassion and distinction. For every year in the past decade, its attorneys have been named Ohio Super Lawyers. For more information about them and their results in personal injury and wrongful death cases, visit their website. To schedule a consultation, reach out to them at (440) 233-1100.