Medical malpractice cases can be complex and intimidating, especially for those who have suffered from the negligence of medical professionals. In Ohio, understanding the process for filing a medical malpractice case is crucial for those seeking justice and compensation for their injuries. As a Plaintiff’s personal injury firm dedicated to advocating for victims, the attorneys at Jones Kahan Law are here to provide clarity and guidance through every step of the legal journey. In this comprehensive guide, we will walk you through the process of filing a medical malpractice case in Ohio, empowering you to protect your rights and pursue the compensation you deserve.

1. Understanding Medical Malpractice:
   • • Medical malpractice occurs when a healthcare professional deviates from the standard of care, resulting in harm to the patient.
     • Common examples of medical malpractice include misdiagnosis, surgical errors, medication errors, birth injuries, and failure to obtain informed consent.
     • It’s important to note that not every medical error constitutes malpractice, and proving negligence is essential in pursuing a successful case.
2. Statute of Limitations:
   • • In Ohio, there is a statute of limitations that dictates the timeframe within which a medical malpractice lawsuit must be filed.
     • Generally, the statute of limitations for medical malpractice cases in Ohio is one year from the date the malpractice occurred or one year from the date the patient discovers, or reasonably should have discovered, the injury.
     • However, there are exceptions to this rule, particularly in cases involving minors.
3. Pre-Suit Requirements:
   • • Before filing a medical malpractice lawsuit in Ohio, certain pre-suit requirements must be met.
     • These requirements include obtaining an affidavit of merit from a qualified medical expert, certifying that there is a reasonable basis to believe that malpractice occurred.
     • In some instances, a notice of intent to file a claim may be sent to the healthcare provider, which allows the claimant an additional 6 months to file their case.
4. Filing the Lawsuit:
   • • Once the pre-suit requirements have been satisfied, the next step is to file the medical malpractice lawsuit in the appropriate court.
     • In Ohio, medical malpractice cases are typically filed in the county where the alleged malpractice occurred.
     • The complaint must outline the details of the malpractice, including the acts of negligence committed by the healthcare provider and the resulting damages suffered by the plaintiff.
5. Discovery Phase:
   • • After the lawsuit is filed, both parties engage in the discovery phase, during which evidence is exchanged and witness testimony is obtained.
     • Discovery may include depositions, requests for documents, and expert witness testimony.
     • This phase allows each side to gather information to support their case and evaluate the strengths and weaknesses of the opposing party’s arguments.
6. Settlement Negotiations:
   • • Throughout the litigation process, settlement negotiations may occur between the plaintiff and the various defendants.
     • Settlement offers may be made at any stage of the proceedings, and it’s important for plaintiffs to carefully consider their options with the guidance of their legal counsel.
     • If a fair settlement cannot be reached, the case may proceed to trial.
7. Trial:
   • • If the case goes to trial, both parties present their evidence and arguments before a judge and/or jury.
     • The burden of proof rests with the plaintiff, who must demonstrate by a preponderance of the evidence that the defendant’s negligence caused the plaintiff’s injuries.
     • The trial process can be lengthy and complex, but a skilled attorney will advocate vigorously on behalf of the plaintiff to secure a favorable outcome.
8. Appeals:
   • • Following the trial, either party may choose to appeal the verdict if they believe legal errors were made during the proceedings.
     • Appeals must be filed within a certain timeframe and are typically heard by a higher court.
     • The appellate process can prolong the resolution of the case, but it provides an opportunity to seek justice if the initial outcome is unfavorable.