Feb 9th, 2023
Paulozzi Joseph

If you have been injured due to the negligence of a medical professional, you may be entitled to financial compensation. Here, we provide an overview of the legal process for filing a medical malpractice lawsuit in Ohio. It is important to note that each state has its own laws and regulations governing medical malpractice claims, so if you are considering filing a claim in another state, it is best to consult with a knowledgeable attorney who can advise you on how best to proceed. 

What Constitutes Medical Malpractice? 

Medical malpractice occurs when a healthcare provider fails to follow the standard of care for their profession, resulting in harm or injury to the patient. To determine if your situation constitutes medical malpractice, you must first understand the standard of care for your specific case. The standard of care is determined by researching accepted practices among healthcare providers in similar circumstances. For example, if a doctor fails to diagnose cancer despite signs and symptoms present, this may be considered negligence since an experienced physician would be expected to recognize these signs and symptoms. 

Examples of Medical Malpractice in Ohio

Medical malpractice is a serious issue that can arise when patients put their trust in medical professionals and their methods of treatment. Examples of medical malpractice can include:

  • misdiagnosis 
  • surgical errors 
  • birth injuries 
  • anesthesiology errors  
  • medication mistakes which may lead to illnesses or death 
  • victims of over-testing or over-treating 

All of these examples of medical malpractice show how patient safety must be paramount in any sensible healthcare system. It is vital that physicians, nurses, and other healthcare personnel act responsibly and with the utmost care to help ensure the health and wellbeing of each patient they treat. By upholding professional standards and rigorous protocols, it is possible to reduce the risks associated with medical malpractice.

Establishing Negligence 

The first step in filing a medical malpractice lawsuit is establishing that the doctor or other healthcare provider was negligent. In order to do this, you must prove that the defendant had a duty of care toward you and that they breached this duty by failing to meet the standard of care required under Ohio law. To make your case for negligence, you will need evidence such as medical records and expert testimony from qualified professionals. 

Statute of Limitations 

It is important to note that all states have statutes of limitations (also known as deadlines) for filing medical malpractice lawsuits. In Ohio, the statute of limitations is one year from when the injury occurred or one year from when it reasonably should have been discovered. However, there are exceptions to this rule if certain conditions are met, so it is best to consult with an attorney as soon as possible after being injured in order to ensure that your rights are protected and that your case is filed within the correct time frame.  

Damages Covered Under Ohio Law 

If your case is successful, you may be entitled to receive damages (i.e. monetary compensation) for any losses suffered due to the medical professional’s negligence. Damages are typically awarded for things such as pain and suffering, lost wages due to missed work days or inability to work after the injury occurred, medical bills related directly to the injury, and emotional distress caused by the incident in question. Again, it is important to seek advice from a knowledgeable attorney who can help determine how much compensation may be available for your particular circumstances. 

Steps Involved with Filing a Medical Malpractice Lawsuit in Ohio 

If you believe that your injury was caused by medical negligence, there are several steps involved with filing a lawsuit. First, it’s important to obtain all necessary records related to your case such as hospital records and doctor notes. You should also collect any evidence relevant to your claim such as photographs or witness statements. Next, consult with an attorney who specializes in medical malpractice law so they can review your case and evaluate whether or not it meets the criteria for filing suit. Once both parties agree that there is sufficient evidence for filing suit, then the attorney will draft up all necessary paperwork required for filing in court. This paperwork will include all relevant information such as details about the incident and party responsible as well as potential damages sought by the plaintiff such as lost wages or pain/suffering due to negligence on behalf of health care provider(s). After everything is filed in court, both parties will attend hearings where further evidence can be presented before making their final arguments before a judge who will then render their decision on whether or not the plaintiff is entitled compensation under Ohio law relating to medical malpractice claims. 

What are some of the challenges that can occur during a medical malpractice case in Ohio?

Navigating a medical malpractice case in Ohio can be complicated and present several unique challenges. A critical component when pursuing a medical malpractice claim is establishing that there was, in fact, negligence on behalf of the attending physician. This can often be difficult, as it typically hinges on complex medical conversations and interpretations of existing laws. In addition to the potential for a counter-claim from the doctor or hospital involved, claimants may find themselves up against statutes of professional limitations that limit the time frame for filing a lawsuit following an incident. Further complicating matters is filing suit against large corporate entities who are more likely to mount significant legal defenses. Finally, juries frequently hesitate to award damages due to sympathy for doctors or nurses who may have been acting with good intentions despite making an error. While daunting, individuals should remember they do have recourse in cases where they feel harm has been done due to another party’s negligence or incompetence. Seeking legal counsel is advisable if one finds themselves dealing with such a situation.

How much money can you expect to receive if your medical malpractice case is successful in Ohio court proceedings?

Medical malpractice cases are complicated and require substantial evidence to prove the claim in court. The amount of money someone can expect to receive if their medical malpractice case is successful in Ohio court proceedings will depend on the damages incurred. These damages can include expenses such as lost wages, current and future medical costs, pain and suffering, loss of quality of life, and others. For example, an individual who experienced a permanent disability or disfigurement due to medical errors would be eligible for relief that covers a wider range of damages rather than just costs related to medical care. In addition to liquidated damages, those considering a medical malpractice case may be entitled to punitive damages if it can be proven that the defendant’s actions were grossly negligent or intentional. All of these factors will determine the total amount of compensation offered by any settlement or jury verdict at trial. Experienced attorneys can provide further information about what someone may expect from their particular case situation in Ohio.

Who pays for the legal costs associated with a medical malpractice claim in Ohio, and will I have to pay any money out-of-pocket if my case is successful?

Filing a medical malpractice claim in Ohio requires legal representation, and throughout the process of filing and appearing in court, associated legal costs can be substantial. Usually, lawyers only take on medical malpractice cases with a contingency fee agreement; meaning, the plaintiff does not need to pay any money up front and legal fees are only taken from damages awarded if the plaintiff is successful in their case. To summarize, under Ohio state law there are no upfront costs for the filing person when they pursue a medical malpractice claim, however they may be required to cover other costs that could include court filing fees and expenses related to gathering evidence or expert witness testimony. After these costs have been covered, the plaintiff’s lawyer will draw whatever is left over after the deduction of expenses as his or her fee.

Special Considerations for Children Under Eighteen 

If an injured person was under eighteen years old at the time their injury occurred, they may have until their twentieth birthday before having to file their claim—although this should not be taken as legal advice since each case will vary depending on its individual circumstances. The reason why there may be additional time given is because many victims do not realize they were injured until much later due to delayed diagnosis or symptoms. Additionally, minors cannot sign contracts and therefore cannot legally engage with lawyers without parental/guardian consent unless they are emancipated minors. Therefore, any minor wishing to pursue legal action related to medical malpractice must first obtain parental/guardian consent at least before initiating proceedings so it’s best practice for them and their parents/guardians reach out for legal help as soon as possible after discovering any potential injuries due to negligence on behalf of healthcare providers.


Filing a medical malpractice lawsuit in Ohio can be complicated and time-consuming but it can also be very rewarding if done correctly with proper legal guidance and support. If you think that you may have been injured due to someone else’s negligence in Ohio, it is important not only understand your rights under state law but also know how best to pursue them through litigation or settlement negotiations with insurance companies or other responsible parties involved in the incident at hand. Contacting an experienced personal injury attorney who specializes in cases involving medical malpractice can help ensure that your rights are fully protected throughout every step of the process so that you get maximum compensation available under current law.

Contact An Experienced Medical Malpractice Attorney

An experienced lawyer will help instruct you through every step along this process so as to not hold you back from reaching out for help should you find yourself or someone you love in a medical malpractice issue due to negligence here in Ohio!

If you’ve been in a situation where you’ve experienced medical malpractice, contact our team at any of our offices which are located throughout the state of Ohio including: Cleveland, Akron/Canton, Toledo and western Ohio, Mantua and eastern Ohio, Columbus and central Ohio, Cincinnati and southern Ohio, Fairview Park and Lorain, Elyria and Medina. Get in touch with Paulozzi LPA Injury Lawyers at contactus@lawohio.com, or by calling 888-710-0040.


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