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What makes medical malpractice claims different?

On Behalf of | Jan 31, 2023 | Medical Malpractice

Claims involving medical malpractice are unlike other personal injury cases. While they all involve an element of negligence, medical malpractice claims differ from other personal injury cases in several ways. 

These differences mainly stem from the complexities involved in medical treatments, the nature of the injuries suffered and the legal requirements for bringing a claim. Here are some of the key differences that you should be aware of before getting started with your claim:

Proving negligence is not so easy

In medical malpractice cases, the issue is whether the healthcare provider failed to meet the accepted standard of care in treating the patient. This means that the healthcare provider must have acted negligently or recklessly in providing medical treatment. 

It is not easy to point out this precise standard of care expected, given the complexity of the field of medicine.

Expert testimony is needed

You may not need an expert to settle a car accident claim since it is generally easy to establish fault or the circumstances that led to the crash. However, medical malpractice cases often require expert testimony to prove the standard of care and to ascertain whether the healthcare provider breached that standard. It makes medical malpractice cases more complex to litigate or settle than ordinary personal injury cases.

The statute of limitations is different

The time you have to bring a medical malpractice lawsuit in court is different in Ohio. For instance, other personal injury claimants have two years to file a claim in court, while the time you have for a medical malpractice claim varies.

Ohio’s statute of limitations for such claims ranges from one to four years, depending on the nature or circumstances of the malpractice. Although certain legal provisions may increase these deadlines, one must act quickly to file their claims and preserve their rights.

Get help with your medical malpractice

Given the intricacies of settling a medical malpractice case, it is best to reach out to experienced counsel for guidance through the entire process. You deserve adequate compensation for the harm suffered, and it all comes down to how you handle your claim.