What iѕ a Stаtutе оf Limitаtiоnѕ?

The statute of limitаtiоnѕ iѕ the реriоd within whiсh уоu саn pursue a civil lаwѕuit. Thе аmоunt of time dереndѕ on thе type оf саѕе. Personal injury mаttеrѕ are different from оthеr tуреѕ of сivil саѕеѕ, ѕuсh аѕ brеасh of contract, libel, ѕlаndеr, frаud, оr trespassing.

For a реrѕоnаl injurу case (such as a car accident, slip and fall,etc.), the date of the injury is the start of the limitations period. You have two years from the date of injury to file a lawsuit. Thiѕ iѕ why it iѕ imреrаtivе tо соntасt an Ohiо реrѕоnаl injurу lawyer at your earliest opportunity after уоu are injurеd duе tо ѕоmеоnе еlѕе’ѕ nеgligеnсе.

What Can Happen if You Delay?

Once the statute of limitations expires, you lose your right tо pursue a personal injury claim or lawsuit and you will not receive any recovery for your injuries, pain and suffering or lost wages.

Exсерtiоnѕ tо thе Rulе

There is an еxсерtiоn to Ohio’s statute of limitations. Minоrѕ hаvе twо years frоm the date of their 18th birthday to file a lawsuit or settle their claim.

Have Questions? Contact an Ohio Personal Injury Attorney

If you or a loved one was seriously hurt in a car wreck, truck accident, or pedestrian accident in Ohio, do not delay in taking legal action. If you are unsure about the statute of limitations that applies to your case, contact one of our Ohio personal injury attorneys at Dworken & Bernstein today.

Please note: The information presented in this post is not legal advice and does not form a lawyer/client relationship.

Laws and circumstances can differ and change.  Please contact us for a personal review of your situation.

However, hundreds of thousands of people are treated for dog bites annually—some quite extensively. Dog bite injuries account for about 28,000 reconstructive surgical procedures each year.

Under Ohio law, a dog bite victim is may be entitled to compensation from the owner or another person in possession of the dog. In fact, a person injured by someone else’s dog in Ohio may have more than one possible cause of action.

Claims in Ohio Dog Bite Cases

Strict Liability for Dog Bites in Ohio

While most injury-related claims require a showing of negligence, Ohio’s strict liability statute makes the “owner, keeper, or harborer of a dog” responsible for injury, death, and other damages caused by the dog.

Ohio holds the owner, keeper, or harborer responsible even if the dog has never bitten before.

The only exceptions are:

• When the injury occurred while the injured person was committing or attempting to commit a crime against a person, or against the property of the owner, keeper, or harborer
• When the injured party was teasing, tormenting or abusing the dog on the owner’s, keeper’s, or harborer’s property

Under the strict liability statute, the owner, keeper, or harborer is responsible for the injured party’s losses, such as:

• Medical expenses
• Property damage
• Lost work time
• Pain and suffering

Who is an Owner, Keeper, or Harborer?

Ownership of an animal is fairly straightforward, but Ohio law also places liability on “keepers” and “harborers.”

“Keeper” refers to someone who has temporary control of the dog, such as a doggy daycare provider or a friend who takes the dog out for a walk. “Harborer” refers to the person who owns or controls the premises where the dog is kept.

For example, if an elderly person moves in with her adult daughter and brings a dog along, the daughter as the owner of the house “harbors” the dog, although her elderly mother actually owns the animal.

Special Rules for Dangerous Dogs

Ohio law requires a dog that has previously bitten or otherwise attacked to be registered as a “dangerous dog.” Dangerous dogs are subject to a variety of special controls, including restrictions on leash length, special measures to secure the dog and a requirement that the dog wears a tag designating it as dangerous.

If failure to comply with these requirements results in injury or death, the dog’s owner may face criminal charges in addition to civil liability.

Negligence Claims in Ohio Dog Bite Cases

Although a dog bite victim need not prove negligence to recover damages under the statute, the injured party may still elect to pursue a negligence-based personal injury claim.  

In a negligence suit, the victim must prove that the defendant had a duty of care, failed in that duty and that his or her failure to exercise due care caused the plaintiff’s injuries.

An injured person might opt for a negligence claim because:

•  The circumstances surrounding the injury did not fall within the strict liability statute
•  The dog bite injury was caused—or caused in part—by the negligence of someone who was not the owner, keeper, or harborer of the dog
•  The injured party might be entitled to punitive damages in a negligence suit

Talk to an Ohio Dog Bite Lawyer

A local Ohio personal injury attorney experienced in dog bite injuries cases can be the best source of information about who may be responsible for your dog bite injury and which theory of liability best suits your circumstances.

If you or a family member has been bitten by someone else’s dog, schedule a free consultation right now to learn more about your options.

The information presented in this post is not legal advice and does not form a lawyer/client relationship. Laws and circumstances can differ and change.
Please contact us for a personal review of your situation

The truth, though, is that a fall can be the result of negligence in one form or another. Sometimes, the person who fell was himself negligent. But sometimes, what seems like a simple slip and fall “accident” is the result of a breach of responsibility on someone else’s part.

Common Negligence-Based Slip and Fall Injuries

Some common types of slips, trips, and falls that are often attributable to someone else’s negligence include:

• If you slip on a snowy or icy walkway or porch which resulted from the unnatural accumulation of snow or ice.
• A slip and fall on a floor in a store or other public place that was left wet or slick after cleaning and does not have appropriate warnings posted
• If you slip and fall due to a spill in a retail store or restaurant that has not been cleaned up in a timely manner
• A trip on a broken or uneven sidewalk or floorboard

In these and other similar situations, the property owner or occupant may be in breach of his or her responsibility to keep the property safe for those who visit it. If negligent property maintenance or failure to provide adequate warning of hazardous conditions results in injury, the property owner or occupier will generally be liable to the injured party for damages.

Some damages commonly awarded in slip and fall cases include:

• Medical expenses
• Lost income
• Costs of rehabilitation
• Pain and suffering

Who is Entitled to Damages for a Slip and Fall Injury?

Generally, anyone who is rightfully on the property at the time of the injury may pursue a claim for damages, if he or she suffered harm as a result of the owner’s or occupier’s negligence. Some examples include invited guests, customers, delivery people, and people visiting areas generally open to the public. In Ohio, property owners also owe a limited duty of care to trespassers.

How Long Does a Slip and Fall Victim Have to File a Personal Injury Lawsuit?

The statute of limitations for most personal injury claims in Ohio is two years.

It is generally best to speak with an experienced Ohio slip and fall attorney as soon as possible after the injury, both to ensure that you don’t miss critical deadlines and to give your attorney the best possible opportunity to assemble evidence and build a compelling case on your behalf.

What if the Injured Person Was Also Negligent?

We live in an age of distractions. Sometimes, the person who slips and falls is partially responsible for his or her own injury. In Ohio, an injury victim who is partially responsible may still recover partial damages.

Pursuing a Slip and Fall Injury Claim

Successfully pursuing a slip and fall injury claim requires knowledge of Ohio’s premises liability law, the standard of care applicable to the property owner or occupier, the complicated procedural requirements associated with an Ohio personal injury claim. Expert witnesses may also be required to prove liability as well as medical and/or economic damages.

The information presented in this post is not legal advice and does not form a lawyer/client relationship. Laws and circumstances can differ and change.
Please contact us for a personal review of your situation.

For example, when you’re injured in a car accident that was someone else’s fault, the other driver may be responsible for your medical bills and compensating you for lost wages and other damages.

Similarly, if you slip and fall in a store because the proprietor failed to clean up a slippery spill in the aisle, the business may be required to compensate you.

But, what if you contribute to your own injury?

The short answer is that you can generally still recover damages from other responsible parties as long as you were not more than 50% responsible. However, the amount you can recover will be reduced. For example, if you suffered $100,000 in damages, but the court finds that you were 20% responsible, you would only be entitled to recover $80,000. The other $20,000, or 20%, would be your responsibility.

What is Contributory Fault?

Contributory fault is the legal term for the degree of responsibility you bear for your own accident. Her are some examples of situations that might involve contributory fault:

• You are driving through an intersection on a green light when another driver runs the red light on the cross street and enters the intersection in your path, causing a collision. The other driver negligently disregarded the traffic signal and is at least partly responsible for the accident. However, if you were speeding and the rate at which you were traveling limited your ability to avoid the accident or minimize the damage, you may be partially responsible for the accident and your recovery may be reduced.

• You slip and fall on liquid laundry detergent spilled in the aisle of a store. The manager was aware that the liquid had been spilled, but hadn’t yet sent someone to clean it up or put up a barrier or warning sign in the area of the spill. So, the store was negligent and is at least partly responsible for your injuries. But, you were in a hurry and entered the aisle at a run, not taking care to look where you were going. Since your own negligence likely played a role in your fall, you may be deemed partially responsible and may receive only a portion of your damages as a result.

You Can Recover Damages Despite Contributory Fault

The bottom line is that, although your compensation may be reduced somewhat to account for your own responsibility, it is quite possible to successfully pursue a personal injury lawsuit and recover damages despite contributory fault.

Note that you can receive damages as long as you were not more than 50% responsible. That does not necessarily mean that any other party must be at least 50% responsible. In fact, you may be able to recover damages even if you were the most responsible person involved.

Imagine, for example, that you are in a three-car accident and are 40% responsible. The two other drivers, respectively, are 25% and 35% to blame for the accident.

Although you have the largest share of responsibility for the accident, your share is not greater than the responsibility of all other parties combined, so you are still eligible to pursue damages.

Talk to an Experienced Personal Injury Lawyer

If you’ve been injured in an accident, you may be entitled to damages, even if you were partially at fault.

An experienced personal injury attorney can assess your case and help determine whether you are likely to be eligible for damages.

The first step is to learn more about your rights and options. Schedule a free consultation right now.

The information presented in this post is not legal advice and does not form a lawyer/client relationship. Laws and circumstances can differ and change.

Please contact us for a personal review of your situation

Any type of product can be dangerous if it’s poorly designed or manufactured. Anything from a child’s toy with small detachable parts to a kitchen appliance, tool, motor vehicle, or pacemaker can be harmful or fatal. Even well-planned and constructed products can be dangerous if the manufacturer fails to provide appropriate instructions or adequate warnings regarding safe usage.

Fortunately, Ohio law protects consumers by holding manufacturers responsible for those defects and oversights.

While Ohio law does not go as far as some other states in holding manufacturers and others in the supply chain strictly liable, some defective product claims may be established without a finding that the manufacturer was in any way negligent.

Defective Product Liability

A product manufacturer may be held liable for damage caused by the defective product under four separate circumstances:

Defective Manufacture or Construction

Defective manufacture or construction occurs when the product is constructed or assembled in a manner that does not conform to specifications, performance standards, the prescribed formula, or the standard manufacture of identical products. For example, if a manufacturer switched to a weaker material to save costs, and as a result, the product broke and caused an injury, the manufacturer could be held responsible for that injury.

It is important to note that negligence is not required to establish liability in this situation. The manufacturer can be held legally responsible for resulting damages even if it exercised all possible care in the manufacture and construction of the product.

Defective Design

A product is considered defective in design or formulation is defective in design or formulation if, when it leaves the manufacturer’s control, the foreseeable risks associated with its design or formulation exceed the benefits.

This is less clear-cut than the test for defective manufacture and involves weighing factors such as the seriousness of the risk, the likelihood that users would recognize the risks, any safety benefits associated with the design, and the feasibility of employing a safer design or formulation.

Failure to Warn or Provide Adequate Instruction

A product that is not defective in design or manufacture may nonetheless be deemed a defective product and subject the manufacturer to liability if the manufacturer knows or reasonably should know of risks that are not common knowledge but fails to warn consumers of those risks.

Failure to Conform to Representations

A product may be deemed defective if the product when it leaves the manufacturer’s control, fails to conform to a representation made by the manufacturer. For example, if a manufacturer represented a glass baking dish to be safe for use at temperatures of up to 500 degrees, but the dish actually exploded during use at 475 degrees, the manufacturer could be held responsible for injury and other damages caused by the explosion—even if the manufacturer was not negligent in making the representation or in the manufacture or design of the product.

Damages in Defective Product Cases

As with other types of personal injury and wrongful death cases, damages in a defective product case will vary depending on the facts of the case, the economic and non-economic losses suffered by the plaintiff, and other factors. However, some common damages awarded in this type of case include:

• Compensation for medical expenses, past and anticipated
• Compensation for any property damage or destruction
• Compensation for pain and suffering and other intangible losses
• Compensation for lost income and/or lost earning capacity

If you’ve been injured by a defective product, talk to an experienced personal injury lawyer about the damages you may be entitled to.

The information presented in this post is not legal advice and does not form a lawyer/client relationship. Laws and circumstances can differ and change.

Please contact us for a personal review of your situation

Distracted driving plays an especially prominent role in accidents involving young drivers: a study from the AAA Foundation for Traffic Safety revealed that distracted driving played a role in 58% of teen crashes.

Efforts to reduce or end distracted driving have centered around cell phone usage and texting while driving, and for good reason. At 55 miles per hour, the average driver checking a text message takes his or her eyes off the road for more than 120 yards—about the length of a football field.

The U.S. Department of Transportation says cell phones play a role in more than 1.5 million motor vehicle accidents annually.

Research suggests that a person texting while driving is six times as likely to cause an accident than someone who is driving under the influence of alcohol!

Most people are aware of the risks, at least to a degree. And yet, more than 40% of high school students and more than 30% of adult drivers surveyed admitted to having texted while driving at least once in the 30 days prior to the survey.

Still, texting and other mobile phone use represent just one type of distracted driving, and others can be just as dangerous.

Other Types of Distracted Driving

Distracted driving is just what the term suggests: operating a motor vehicle without keeping your full attention on the road ahead and the task at hand.

Distractions come in many forms, some of which are so commonly accepted that many drivers don’t even recognize them as distractions. Some examples include:

• Turning or reaching to the back seat to interact with children
• Conversing with passengers in the vehicle
• Eating or drinking while driving
• Punching an address into GPS or looking at directions
• Selecting music
• Lighting a cigarette
• Reaching for an item in the back seat or on the floor

One of the most common items on this list is also among the most dangerous activities a driver can engage in. 83% of drivers in an Exxon Mobile study said they drink coffee and other beverages while driving. However, various studies conducted in the U.S. and U.K. reveal that eating or drinking on the road substantially increases the risk of a traffic crash.

The National Highway Traffic Safety Administration (NHTSA) says eating behind the wheel increases the chances of a traffic crash by 80%.

Data from the University of Leeds suggests that a snacking driver’s response time is slowed by about 44%, and a Lytx study determined that a driver who is eating or drinking is 3.6 times as likely to be involved in a motor vehicle accident as one who is focused on driving.

If You’ve Been Injured by a Distracted Driver, Help is Available

Although Ohio law only explicitly prohibits texting and certain other mobile device use while driving, every driver has an obligation to exercise due care in operating a motor vehicle and may be liable for any damages that occur as a result of carelessness or inattention.

If you have been injured in a motor vehicle accident caused in whole or part by a distracted driver, you may be entitled to compensation for medical expenses, lost earnings, pain, and suffering, and more.

Just call 440-946-7656 to schedule a free consultation.

One of our experienced Ohio car accident attorneys will assess your case and explain your rights, options, and the damages you may be entitled to.

Elder Abuse in Ohio

Ohio Adult Protective Services estimates that between 50,000 and 60,000 elderly Ohio residents suffer physical abuse each year. That doesn’t include older people who suffer from other types of abuse and neglect, including:

• Emotional or psychological abuse
• Financial elder abuse
• Negligent caretaking

While not all of that abuse takes place in nursing homes, data from the National Center on Elder Abuse (NCEA) suggests that many nursing home residents are at risk. NCEA aggregated data from several studies and surveys conducted across a period of nearly 20 years and found that:

• More than 40% of nursing home residents surveyed told interviewers that they had been physically abused
• 17% of CNAs interviewed in another study admitted to having grabbed, pushed, or shoved a resident
• Nearly ¼ of CNAs responding in the same survey admitted to having sworn at or insulted residents

Protecting Your Loved One from Elder Abuse

Protecting an aging family member from elder abuse in a nursing home requires vigilance—vigilance in selecting the long-term care facility, and in monitoring the condition of your loved one and the care he or she is receiving.

Choosing the Right Nursing Home

Often, when family members visit nursing homes to choose a facility, their focus is on the physical facility, the medical staff, and general practices and procedures. While those are all important considerations, don’t overlook more nuanced variables.

For example, when you visit a nursing home, watch how the residents respond to the staff. While staff may be on “good behavior” in front of visitors, the residents will likely react naturally. Of course, nursing home residents may be suffering from a variety of physical and psychological conditions, so a single resident responding negatively to staff may not be a red flag. But, if staff ignore residents as they move about the facility, or the warmth they show residents in your presence is largely unreturned, take note.

Similarly, you’ll want to take note of how well-cared-for both the residents and the facility seem to be. Look for clean clothing, comfortable temperatures, and general signs of well-being in the residents you encounter.

More detailed information about choosing a nursing home.

Identifying Elder Abuse

Choosing the nursing home carefully will cut down on the likelihood of elder abuse, but even the best of facilities can make a bad hiring decision or fail to promptly recognize problems. Therefore, friends and family of elderly and disabled nursing home residents must take the initiative to monitor care and respond to any red flags.

Some key warning signs of elder abuse and neglect in a nursing home setting include:

• Change in personality: If your elderly loved one becomes withdrawn, anxious, or depressed, explore the reasons for the change. While some changes in mood and behavior may be attributed to the change in environment or the medical condition that necessitated long-term care, this type of shift may also signal that the elder is being mistreated.
• Unexplained bruises: The elderly often bruise easily, and a variety of medications and medical conditions can increase bruising. Because bruising in older people isn’t uncommon, family members don’t always think to question the source of bruising. But, those bruises may be a sign of rough treatment by staff.
• Sexually transmitted diseases: If your elderly relative has medical issues that indicate possible sexual contact, such as STDs, genital infections, or unexplained redness and swelling in the genital area, ask tough questions. This type of illness or injury is often a sign of sexual abuse by a staff member or other resident.
• Indications that restraints have been used: Markings on the wrists or other indications that your loved one has been restrained should trigger an investigation on your part. Under some circumstances, nursing home residents are restrained for their own safety. But, restraint as punishment or for the convenience of staff is a common type of elder abuse in nursing homes.

Every nursing home resident is different, and no one knows your loved one better than you do. While the list above includes some of the most common warning signs, it’s important to follow up on anything that seems suspicious or out of character to you.

Help for Victims of Elder Abuse

If you or an elderly loved one have been abused in a nursing home, the personal injury lawyers at Dworken & Bernstein can help. Contact us right now to schedule a free consultation with one of our experienced nursing home abuse attorneys.

Ohiо’ѕ ѕtаtutе оf limitаtiоns fоr a реrѕоnаl injurу сlаim аftеr a car ассidеnt is only twо уеаrѕ, beginning from the date of the accident. The statute of limitations is outlined in Ohiо Rеviѕеd Cоdе Section 2305.10.

What iѕ a Stаtutе оf Limitаtiоnѕ?

Thаt statute of limitаtiоnѕ iѕ the реriоd within whiсh уоu саn pursue a civil lаwѕuit. Thе аmоunt of time dереndѕ on thе type оf саѕе. Personal injury mаttеrѕ are different from оthеr tуреѕ of сivil саѕеѕ, ѕuсh аѕ brеасh of contract, libel, ѕlаndеr, frаud, оr trespassing.

For a реrѕоnаl injurу case (such as a car accident, truck accident, etc.), the date the collision occurred is the official start date for the limitations period. As mentioned, you have two years to file a lawsuit. It iѕ imроrtаnt tо nоtе thаt in medical mаlрrасtiсе mаttеrѕ, hоwеvеr, thе ѕtаtutе оf limitаtiоnѕ iѕ only оnе уеаr. Thiѕ iѕ why it iѕ imреrаtivе tо соntасt an Ohiо реrѕоnаl injurу lawyer аѕ ѕооn аѕ you саn after уоu are injurеd duе tо ѕоmеоnе еlѕе’ѕ nеgligеnсе.

What Can Happen if You Delay?

Once the statute of limitations expires, you mау lose your right tо filе a personal injury lawsuit and be inеligiblе tо рurѕuе financial restitution. Mоrеоvеr, аn injury caused by an accident that wаѕ as a result оf аnоthеr’ѕ nеgligеnсе is exasperating аnd сhаllеnging. Medical billѕ tо trеаt your wоundѕ аdd up, уоu еxреriеnсе discomfort аnd ѕuffеring, аnd you may аlѕо lose income if уоu arе unаblе to wоrk.

Exсерtiоnѕ tо thе Rulе

There аrе ѕресifiс еxсерtiоnѕ to Ohio’s statute of limitations. Firѕt оf all, thе ѕtаtutе оf limitаtiоnѕ fоr a minоr can be “tolled”.  Minоrѕ hаvе twо years ѕtаrting frоm their 18th birthdays, nоt from thе dаtеѕ оf injurу. For inѕtаnсе, a 16-уеаr-оld injured in a vеhiсlе ассidеnt has until twо years аftеr hеr 18th birthday ( аn оvеrаll total оf аbоut fоur years ) to bring a сlаim.

There is another еxсерtiоn tо thе twо-уеаr limit, оftеn knоwn as the “discovery оf harm” rulе. If a victim does not discover thе injury until after the dаtе the injury happened, thе ѕtаtutе оf limitаtiоnѕ сlосk ѕtаrtѕ on thе dаtе thе injurу wаѕ diѕсоvеrеd or ѕhоuld hаvе realistically been diѕсоvеrеd.

Have Questions? Contact an Ohio Personal Injury Attorney

If you or a loved one was seriously hurt in a car wreck, truck accident, or pedestrian accident in Ohio, do not delay in taking legal action. If you are unsure about the statute of limitations that applies to your case, contact one of our expert Ohio personal injury attorneys at Dworken & Bernstein today.

Please note: The information presented in this post is not legal advice and does not form a lawyer/client relationship. 

Laws and circumstances can differ and change.  Please contact us for a personal review of your situation

Know What to Do in the Immediate Aftermath of a Car Accident in Ohio

In 2019, there were over 295,000 crash reports filed throughout Ohio, according to the Ohio Department of Public Safety. Of those car accidents, more than 75,000 led to injuries, with almost 6,000 categorized as serious injuries and more than 1,000 fatalities.

Because car accidents are sometimes caused by the reckless or negligent behavior of another driver, it is important to know what to do in the immediate aftermath of a car accident.

Take the Necessary Steps

Here are the steps you should take to ensure your legal rights are protected if you are involved in a car accident:

Make Sure Everyone is Safe

First, and foremost, an Ohio resident involved in a car accident should ensure that no one involved in the car accident requires medical attention. If they do, contact 911 immediately. During these tense moments immediately after a car crash, it is important to not admit fault or otherwise take responsibility for the damages incurred in the car accident.

Call the Police

After making sure everyone involved in the accident is okay, you should contact the police. In many instances, insurance companies will want copies of the police report for their records. Therefore, even if the other driver or drivers do not want the police involved in the accident, it is still a good idea to call the police..

Seek Medical Attention

If you are injured in a car accident, you must seek medical treatment for your injuries. The insurance company will request medical records to verify any injuries that you may claim from the accident.

Gather Evidence

If you are physically able, you can gather information about the accident. The most important piece of evidence is the contact information of the other drivers – be sure to write down the driver’s name, license number, the make and model of the vehicle, and the license plate. Be careful in exiting your vehicle, and only do so if it is safe. Do not exit your vehicle on a highway or high traffic area. If you have your smartphone, you can take pictures of the scene of the car accident. If you take pictures at the scene, take them from different angles of any stop signs or lights around the scene of the car accident, or any skid marks. You can take pictures of both vehicles too. The “gathering evidence” phase of a car accident does not stop at the scene of the crash, however. It is important for all car accident victims to keep a record of any personal expenses related to their car accident, including medical bills, or even lost wages due to injuries caused by the car accident.

Locate Witnesses

If there are any witnesses, then ask if they would be willing to provide a recorded statement. Even if they are uncomfortable with being recorded, write down their contact information in case you may need to use them as a witness in an Ohio court.

Contact an Ohio Car Accident Attorney

If you have been injured in a car accident in Ohio, then you may be able to recoup your losses through the legal system.

To learn more about your legal options, contact an Ohio car accident attorney with knowledge of the law and experience in litigating car accident cases.

What Constitutes Medical Malpractice in Ohio?

Medical Malpractice or medical negligence is the failure of a medical professional to exercise the reasonable skill, care and diligence that other medical professionals similarly situated would have exercised. This is known as the standard of care. The standard of care is to do those things that a reasonably careful physician, surgeon, nurse, hospital or other medical person or entity would do and to refrain from doing those things that a reasonably careful medical professional would not do.

Medical Negligence includes:

Lack of informed consent:

Before performing any procedure, a doctor has an ethical and legal obligation to provide the patient with all available options that a reasonable patient would expect. This includes the potential risks and possible benefits concerning each different treatment option. Then, the doctor must receive consent from the patient before embarking on any treatment option. The doctor cannot merely substitute his or her judgment for the consent of the patient.

Missed Diagnosis or Misdiagnosis:

Ohio, like all other states, holds all medical professionals to a “standard of care.”

Under Ohio law, a doctor must administer care in a manner similar to how other doctors in the same profession would administer care. Some of the most common violations of this “standard of care” involve a doctor who fails to diagnose a person or diagnoses a person with the wrong disease.

When other doctors in the area would not have made this error, then the injury caused to the patient may be recoverable in an Ohio court.

Medication Errors:

Medication errors are one of the leading causes of death in hospitals across the United States, according to NPR.

A medication error can occur in many forms:

• • Medication Regimen: Common medication errors include overprescribing, under-prescribing, prescribing an ineffective dose, or even prescribing an ineffective drug.
  • Prescription Error: Doctors’ handwriting is notoriously difficult to read. Sadly, this can cause grave consequences to patients.  They may receive a drug with an incorrect dosage, incorrect instructions, or even an incorrect drug altogether.
  • Administration Error: For patients at hospitals, nursing homes, or assisted living facilities, it is typically the responsibility of a healthcare professional to administer all prescription medication to the patient. This can lead to an administration error when the healthcare aide may negligently give the patient the wrong dose or the wrong drug.
  • Monitoring Error: After prescribing a new drug or a new dose of a current drug, a patient should be monitored for the effectiveness of the drug, as well as any possible side effects. When patients are not adequately monitored and the drugs meant to help them end up harming their health, they may have a recourse through the medical malpractice laws in Ohio.

Ohio’s statute of limitations on medical malpractice

Ohio’s statute of limitations on medical malpractice claims is notoriously short.

In most circumstances, an injured patient will only have one year from the date of the alleged medical malpractice in which to file a claim, according to Section 2305.113 of the Ohio Code. There are several narrow exceptions under Ohio code.

To learn more about whether the circumstances in your case constitute medical malpractice, contact an Ohio personal injury attorney today.