Cincinnati Medical Malpractice Laws

Individuals who have suffered personal injury due to medical malpractice are entitled to sue for damages. These damages may compensate for physical and emotional injury, lost wages, medical bills and more.  The Freking & Betz, LLC attorneys are well-versed in medical practice laws are current and upcoming in Ohio.

While the basic principal of medical malpractice remains consistent across the United States, there are differences in local laws. Thus Cincinnati medical malpractice law differs in several aspects from malpractice laws in Dallas, for example. Similarly, Cincinnati hospital negligence cases or other physician negligence laws in Cincinnati are not identical to those in other locations.

Medical Malpractice Laws in Cincinnati

Several of the different medical malpractice laws in Cincinnati include:

• Statute of Limitations – There is a specific time period during which a lawsuit may be initiated. Medical malpractice laws in Cincinnati indicate that malpractice litigation must commence within one year after the cause of the personal injury. For malpractice stemming from omission, the period is four years. For malpractice discovered during the third year, a twelve month period from discovery (even if this exceeds four years) is allowed. In the case of wrongful death due to malpractice, the statue of limitations is two years.
• Comparative Negligence – If the claimant is likewise at fault for the damage, their responsibility for the damage is assessed, and reduced from the overall responsibility of the defendant(s). The defendant(s) are still liable for the rest of the damage, unless the majority of the responsibility lies with the claimant.
• Several Liability – If more than one defendant caused the same injury, they are liable for the judged percentage of their responsibility in the injury. 
• Vicarious Liability – In Cincinnati hospital negligence cases, a hospital may be considered liable for malpractice committed by its doctors. Additionally, in some circumstances the hospital may be considered liable for the negligence of doctors working there who are not hospital employees. 
• Expert Testimony – Physician negligence laws in Cincinnati indicate that in litigation for doctor negligence in which the physician performed below the accepted professional level of care, expert witnesses must be utilized. These expert witnesses must establish what the appropriate level of care should have been in the given situation, and just how the doctor’s actions were below that level.
•  Caps on Damages – Compensation for non-economic damages due to medical malpractice due to acts of omission is subject to a cap. The cap is $250K or three times economic damages with a maximum of $350K per plaintiff or $500K per occurrence. The maximum amounts get larger, to a maximum of $350K per plaintiff and $1M per occurrence when it is proven that the damage is permanent, a substantial deformity, etc. For example, these caps are relevant for loss of a bodily organ, a limb or a different bodily injury that affects caring for the self.

Personal Injury Lawyers

It is highly advisable that individuals pursuing medical malpractice litigation utilize the services of personal injury and/or medical malpractice attorneys. These lawyers can provide full details of all medical malpractice laws in Cincinnati, and guide individuals through all the steps necessary to obtain fair compensation through litigation or settlement. 

Medical Malpractice

• Always Seek Experienced Legal Advice
• The Steps in the Litigation Process
• Securing Help before you Settle a case
• What Constitutes Medical Malpractice

The Cincinnati medical malpractice firm of Freking & Betz is noted for our aggressive skills in malpractice litigation, for our high level of customer service, and for the top level results we receive. For a free consultation, contact us via their web based contact form, or call 513-721-1975.