Ohio Medical Malpractice Laws

Statute of Limitations

Hi, I’m Brian Eisen of the Eisen Law Firm. I am often asked by potential clients, “How long do I have to sue my doctor or hospital for medical negligence?” The answer is usually pretty surprising. In Ohio, you have only one year to file a lawsuit if you are hurt by the carelessness of a medical professional. The one year time limit can be very complicated and here’s why.

Getting an Extension

Under Ohio law, it can be very difficult to determine when the one year period begins to rot. That is, the one year time limit can actually be extended under Ohio law by up to 180 days. In order to get that kind of extension though, it is critical that the potential defendants, the people who have caused you harm have to be notified in writing that you may sue them.  

Although there’s a one year time limit for medical negligence cases, there is a two year time limit, if the negligence results in death. That two year time limit applies only to the wrongful death component of a lawsuit. The bottom line is this. It can be very difficult to figure out exactly when the time limit will expire for a medical negligence case.  

Eisen Law Firm Experience

It is very important that you find a lawyer who understands the wrinkles, not just the rule, but the wrinkles, too and who can advise you about when your rights will expire. At the Eisen Law Firm we do this every day. Please call me. I will happy to discuss with you, your rights under Ohio law to file a lawsuit for medical negligence or wrongful death.

Medical Negligence Happens

Doctors can and do make mistakes and when they do the results can be catastrophic. Medical negligence kills more people each year than motor vehicle accidents, breast cancer, or AIDS. We sue doctors and hospitals who make preventable errors in order to hold them accountable for their actions and to obtain fair compensation for their victims.

Our Experience

Often times when someone comes to see us with a potential medical malpractice case they come to us and they report, “Gee if only the doctor had said he or she was sorry. I probably wouldn’t be here.” An apology from a doctor or a hospital when they make a mistake is rare. While it’s a good start a sorry is rarely enough because sorry doesn’t pay for future surgeries. Sorry doesn’t pay for around the clock nursing care for a quadriplegic. Sorry doesn’t pay to improve the life of a child with cerebral palsy who should have been born perfectly healthy. Sorry is nice but it’s only a beginning. It isn’t enough.

Medical Malpractice Case Experience

We’ve been doing medical malpractice for so long that we have become very familiar with medical terminology, medical records and medical concepts. We have quite literally handled medical malpractice cases from head to toe. It’s important that insurance companies and other lawyers know that you’re not afraid to try a case because only if the other side is convinced you’ll try the case will they ever offer you top dollar before going into the court.

To properly handle a medical malpractice case requires a considerable amount of focus, that’s what we do. That’s what we focus on. We’re not distracted by all kinds of other claims. Car accidents, slip and falls, work place injuries. We focus on medical negligence and that’s a big benefit to our clients.

By: Brian Eisen

Doctors Don’t Always Tell the Truth

Many people come to my office and they tell me, “Brian, a nurse or a doctor told me that my prior doctor or another nurse was negligent, made a mistake. Go call a lawyer.” Then they ask me whether or not that nurse or doctor will stand up for them in a court. Unfortunately, most of the time they won’t.

That nurse or that doctor who was quick to criticize when they weren’t under oath, when the time comes to stand up and be counted and to care for their patient by advocating for the patient and telling the truth, they don’t do it.  The hospital lawyers, the doctor’s lawyers get ahold of them and the next thing you know, they will deny they ever told you anything of the sort.

Hiring Medical Experts

That’s truly unfortunate because the fact is, doctors and nurses are supposed to be patient advocates. If they see something truly wrong, negligent conduct, they should stand up for the patient and tell the truth. I wish they would. The fact is they don’t. We are always required to go outside of the care team to find objective experts who will look at the data, will look at the medical records, will listen to the story of the patient and stand up and tell the truth.

By: Brian Eisen

Obtaining Medical Records

I’m Todd Gurney, I want to talk to you today about medical records. The first step in investigating a medical claim is obtaining the medical records. It sounds simple but, first, you have to know what to ask for.

Let’s say there were complications during the delivery of your child and you want to find out whether or not it was caused by a medical mistake. Well, if you only request the baby’s records, you’re not going to get any of the mom’s records which may include important information but even if you ask for both sets of records you still may not get everything.

For example, the mom’s records may not include the fetal monitor strips which oftentimes have important information about what actually happened during the delivery of the child. Here’s where it can really get complicated. Even if you know everything to ask for, how can you be sure that the hospital has in fact produced everything that is available? This is why it is important to have an attorney who is familiar with medical records.

At the Eisen Law Firm, we’ve been handling medical claims for so long that we have become very familiar with medical records. We know what to look for and we know where to find it. We can tell whether anything is missing from the records and then we know what steps to take to go ahead and get that missing information.

Understanding Medical Records

Now that you have obtained the medical records, the next step is trying to understand them. This can be very difficult and frustrating. It is important to understand that your medical records are written about you but not for you.

Oftentimes they’re going to be filled with a lot of medical terminology, jargon, and shorthand. Sifting through all of this to find the important information is not easy. At the Eisen Law Firm, this is what we do every day. We comb through medical records and help our clients find the answers that they’re looking for.

By: Todd Gurney

Medical Malpractice Example

We have helped people who’ve been turned down by other lawyers. A good example is Libby and Steve Barnish. Libby was paralyzed from the chest down. When she came to us, she had already been turned down by two reputable law firms. She was no longer an independent, thriving woman. Libby had worked at the same job for decades, literally. She could no longer do that job. She couldn’t get around by herself. She was confined to a wheelchair.

Our Process

The first thing we did, was start from scratch. Ask ourselves questions about how this happened. We did the research. We looked into the details – the minutia of the procedure – and we figured out that the surgeon who did the operation, made a critical mistake. The thing we’ve done for Libby Barnish and her husband Steve, more than anything else, is given them freedom. Financial freedom and the freedom to live their lives as best they can, given her condition.The money that we were able to obtain on their behalf, has enabled them to get great medical care for Libby. Now, they have the peace of mind of knowing that she will be cared for.

By: Brian Eisen