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In Ohio, you may bring a medical malpractice lawsuit for an injury you suffered against a licensed health care provider based upon their negligence, misconduct, errors or omissions.
The injured patient must show that the physician acted negligently in rendering care, and that such negligence resulted in injury. To do so, four legal elements must be proven: (1) a professional duty owed to the patient; (2) breach of such duty; (3) injury caused by the breach; and (4) resulting damages.
Medical Malpractice Payouts By State StateNumber of CasesThe Average Payout per CaseOhio201$0.37 millionOklahoma129$0.27 millionOregon86$0.55 millionPennsylvania610$0.40 million48 more rows
Then, you have to show the court that the doctor's actions or inactions were the direct cause of your illness and that your health was damaged as a direct result. Of those four components, causation is often the hardest element to prove in court.
You can file a complaint directly with the Medical Board 24/7 through the confidential complaint hotline at 1-833-333-SMBO (7626) or online at med.ohio.gov. Provisions in the Ohio Revised Code make all complaints received by the board confidential.
Medical Malpractice or medical negligence is the failure of a medical professional to exercise the reasonable skill, care and diligence that other medical professionals similarly situated would have exercised. This is known as the standard of care.
Ohio maintains a strict statute of limitations for medical malpractice lawsuits: They must be filed within a one-year period of a medical error. This requirement is outlined in detail in the Ohio Revised Code Section 2305.113.