Frequently Asked Questions About Medical Malpractice Cases
What should I do if I have been injured by the negligence of a doctor or hospital?
If you believe that a medical provider has been negligent in your treatment or the treatment of a loved one, and you have suffered a serious injury, you should contact an experienced medical negligence attorney at once.
Is medical malpractice a common occurrence?
Unfortunately, yes. Experts estimate that as many as 98,000 deaths and thousands of injuries result from medical negligence every year in the United States.
What is malpractice, what is not?
In general terms, the fact that a medical procedure or treatment results in a bad outcome, is not proof of medical negligence. Bad outcomes can result for many reasons without the medical provider being at fault. However, if the medical provider’s treatment fails to meet the standard of care and that failure results in an injury or death, that may be malpractice.
What does “standard of care” mean?
Standard of care means the degree of care that a physician or medical provider in the same speciality and under the same circumstances would provide.
I signed a consent form or release. Can I still file suit?
Yes. Signing a consent form or release does not release the medical provider from meeting the standard of care. You did not consent to substandard treatment.
How long do I have to bring a claim?
In Ohio, the time within which a claim must be filed is called a “statute of limitations.” The statute of limitations in medical negligence claims is one year from the date the action accrues. The one year time period begins to run either (1) when the patient discovers or, in the exercise of reasonable care and diligence should have discovered, the resulting injury, or (2) when the physician-patient relationship for the condition terminates, whichever is later.
In the case of a wrongful death due to medical negligence, the two year wrongful death statute of limitations applies, while the one year statute of limitations controls the survival pain. The two year statute runs from the date of death.
In the case of a minor, the one-year statute of limitations begins to run on the minor’s 18th birthday.
How long does it take to receive compensation?
A medical malpractice lawsuit is a complicated matter and is seldom resolved quickly. There is no standard answer, however, it is not uncommon for medical negligence claims to take 3-5 years.
Why should I choose Clark, Perdue & List to represent me?
It is important that you retain an experienced attorney to handle your medical negligence claim. The medical negligence attorneys at Clark, Perdue & List have successfully represented numerous individuals who have suffered injury or death as a result of medical malpractice,