If you have a medical malpractice claim in Ohio, it's important to file your claim correctly. A carefully drafted medical malpractice claim can speed up the legal process and ensure that you receive a fair value for your claim. Here's how to file a medical malpractice claim in five simple steps:
1. Get to the bottom of the medical malpractice
In order to correctly bring a medical malpractice claim, you need to know exactly what medical malpractice occurred. You can meet with an experienced physician in order to review what went wrong in your case. You may be aware that something went awry, but you may not know the full extent of your claim. Experienced medical malpractice lawyers and medical experts can help you evaluate the evidence so you're aware of the medical and legal basis or your claim.
2. Explain the elements of medical malpractice in your claim
A correct medical malpractice claim needs to clearly state the elements of medical malpractice. You must state how the facts of your case amount to medical negligence, recklessness or intentional harm. The claim must explain how your medical care providers failed to meet their duties to provide reasonable care based on professional standards. You must explain how their failures hurt you. Then, you must state what you're asking for in compensation.
3. Include an affidavit of merit by an expert witness
In Ohio, you must include an expert affidavit with a medical malpractice claim. Ohio Rule of Civil Procedure 10(D)(2) says that your claim must include the statement of a medical professional that can support your claim for medical malpractice. The expert explains the professional standards that apply to the case. They explain how your care providers failed to live up to professional standards in a way that caused you harm.
4. Ask for all of the damages you're claiming in the medical malpractice case
It's easy to make the mistake of assuming that you can only recover for your financial losses. In Ohio, that's only one part of a medical malpractice claim. You can also ask for non-economic damages. Non-economic damages include your pain and suffering. In Ohio, there are limitations on pain and suffering damages in medical malpractice claims, but you can still recover a significant amount for your physical and emotional suffering because of medical malpractice.
5. File by the statute of limitations
You have only one year from the date of the malpractice to file your claim. This time limit is called the statute of limitations. You can get a 180-day extension by sending a notice letter. Correctly filing a medical malpractice claim means making sure that you submit it by the deadline.
Pursuing a medical malpractice claim
To receive compensation for medical malpractice, you must file your claim correctly by the filing deadline. It's important to thoroughly research your claim and carefully outline the basis for your claim in your filing documents. An affidavit from a medical expert must accompany your claim. Carefully building your claim can help you pursue your case quickly and help you reach a fair resolution under Ohio law.
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