Ryan LLP Injury Blog

Patients in the hospital face numerous health risks, some dependent on their condition and others on the environment. When a hospital-acquired infection is the result of medical negligence, the patient may file a claim for damages. However, there are challenges that can arise in proving this type of case.

When an individual sustains bodily injury as a result of someone else’s carelessness or recklessness, the victim may recover compensation to cover damages like medical bills, lost wages, pain and suffering, and more. Personal injury cases stem from car accidents, medical malpractice and other forms of negligence. However, it’s important to note that Ohio’s comparative negligence laws can impact one’s right to damages.

Those injured as a result of medical negligence have one year in which to file a claim in Ohio.  The time period usually begins on the date of the injury. For instance, a patient goes in to have a medical procedure performed and the surgeon accidentally nicks a vital organ. This would be the start date for the medical malpractice statute of limitations.  However, if the patient did not know, or was unable to determine, that malpractice could have occurred, then the beginning date may be a later date than the date of treatment.

In Ohio, there are two types of wrongful death damages awarded: economic and non-economic. While most personal injury cases have a limit on the amount of non-economic damages available, there is no limit on the amount of non-economic damages that claimants can recover in wrongful death cases.  Wrongful death damages are specifically protected under the Ohio Constitution and the types of compensation available are itemized within the Ohio Revised Code.  Navigating the complexities of these cases requires a law firm with experience handling wrongful death cases.  

There are a myriad of types of distracted driving, from fumbling around for a water bottle, fiddling with the radio stations, to texting while driving. Taking your eyes off the road for six seconds while driving 55 miles per hour means that you’ve essentially driven the entire length of a football field blindly, according to a report from the Virginia Tech Transportation Institute (VTTI). Those precious seconds could cost someone his or her life.  Drivers have a duty to keep a lookout ahead and to ensure they operate their vehicle within the lane boundaries.  When drivers are distracted, it is increasingly likely that they will fail to meet their duties, resulting in unnecessary accidents and damages to other drivers.  

The statute of limitations establishes a specific timeframe in which plaintiffs may bring a legal action. They vary depending on the state and the type of case. The wrongful death statute of limitations in Ohio is two years from the date of the death.  However, due to the complexity of these types of cases, there may be limitations on the recovery date which limit the filing of some claims to one year.  And how do you recover for the period between the initial act and your loved one’s death?  Who should pay for the medical costs incurred for treatment of your loved one?  

Hundreds of thousands of patients are victims of medical malpractice each year. A Bureau of Justice Statistics (BJS) report that examined malpractice cases in seven states found that the majority of claims involving individual healthcare providers involved physicians and surgeons. A 2006 comprehensive study conducted by the Harvard School of Public Health also found that over 90% of medical malpractice claims invovled an injury to a patient.   And in another medical malpractice study from September 2013, it was found that the number of premature deaths associated with preventable harm to patients exceeds 400,000 deaths per year. Unfortunately, medical errors can result in serious injury or illness for patients like you and your family. Cleveland medical malpractice law firm Ryan, LLP doesn’t want you to pay for someone else’s carelessness or negligence.  But who is ultimately liable for these injuries and unnecessary deaths.

Each state imposes its own time limit, or statute of limitations, on bringing forth an injury claim. Time limits vary depending upon the type of case and several mitigating factors, such as when the injury was discovered and whether or not the victim is a minor. 

It’s important to know Ohio’s statute of limitations for car accident claims and to avoid procrastinating. Waiting too long will bar the victim’s right to file a car accident lawsuit for compensation against the other party.