Ohio Medical Malpractice Law
This article discusses the primary elements of medical malpractice law in Ohio. Specifically, the article addresses the elements to prove a medical malpractice case under Ohio Law:standard of care, proximate causation and damages.
A PREVIEW OF OHIO MEDICAL MALPRACTICE LAW:
by
Joseph M. Lyon, Esq
THE LYON FIRM
Ohio Medical malpractice attorneys must consider numerous legal factors when deciding to accept and prosecute a medical malpractice case. “A Preview of Ohio Medical Malpractice Law” is designed to offer a simple preview to patients as to the very basic framework within a claim for medical malpractice is analyzed under Ohio medical malpractice law.
Under Ohio medical malpractice law, a claim for medical malpractice arises from the physician-patient relationship. Ohio medical malpractice law recognizes that medicine is not an exact science, and many surgeries or treatment plans that are un-successful or result in injury occur despite the best care and effort on the part of the physician. Therefore, Ohio medical malpractice law provides that a poor result is not, in and of itself, indicative of medical malpractice, or sufficient to prevail in a claim for medical malpractice.
In order to present a valid case for medical malpractice under Ohio medical malpractice Law, the plaintiff (the patient) must present evidence that (1) there was a physician-patient relationship; (2) the physician breached the applicable medical standard of care in the course of that relationship; and (3) the physician’s actions resulted in injury to the plaintiff.
“The Standard of Care” Under Ohio Medical Malpractice Law
The concept of “the standard of care” has proven difficult for Ohio medical malpractice juries to understand and can be the most difficult to establish as a Plaintiff. In general, the “standard of care”, as defined by Ohio Medical Malpractice Law, refers to the care that a reasonably prudent physician in the same or similar situation would employ. In laymen’s terms, the medical malpractice standard is the method or manner in which the physician should act according to his background, education, and experience. The standard of care in Ohio medical malpractice law proves difficult because the practice of medicine is not exact and includes judgment calls. As much as we would like to think differently, medicine is not an exact science, so there is much gray and flexibility where a physician must act under those circumstances in light of that patient. That being said, Ohio Medical Malpractice law allows for the introduction of identifiable rules, guidelines and standards that govern most practices and procedures that a physician encounters in his daily practice. The standard of care may, but not always, be found in the medical literature, practice guidelines (e.g., The American College of Cardiology Guidelines), and through expert testimony.
Ohio Medical Malpractice Law requires that expert testimony (i.e., a qualified physician or the same or similar specialty) establish the medical standard of care. The Defense will always offer testimony identifying a different standard or arguing that the general application of the standard identified in the literature is not applicable in the given situation. The “judgment call defense”, which is allowable under Medical Malpractice law, can be overcome with examination of the literature and application of the underlying clinical evidence to show that there was no benefit and excessive risk to the patient by deviating from the well recognized standard.
“Proximate Causation” Under Ohio Medical Malpractice Law
Under Ohio Medical Malpractice Law, it is not sufficient to show that the physician made a mistake. The mistake must have caused the injury for which the Plaintiff is seeking compensation. Again, the connection must be proven through medical expert testimony. The testimony for either the plaintiff or defendant must be to a reasonable degree of medical certainty. Again, medicine is not exact, and there is always room for other possibilities in science and in any particular case. The burden of proof is greater than fifty percent on all the issues. The burden of proof is a topic in and of itself and a focus on an additional article, but for the purposes here, it should be understood that the burden is not the more commonly heard, “beyond a reasonable doubt” as in criminal cases. Science is very rarely beyond a reasonable doubt and Ohio medical malpractice law, as all other states, only requires that the injury was “more likely than not” caused by the medical mistake.
“Damages” Under Ohio Medical Malpractice Law
If the Plaintiff can show the defendant breached the standard of care and caused an injury, Ohio Medical Malpractice law provides that the the Plaintiff may be entitled to any of the following damages:
- Past Medical Expenses ( Subject to Reimbursement to Health Insurer)
- Future Medical Expenses
- Lost Wages
- Pain and Suffering
- Loss of consortium
- Loss of Time
- Loss of Enjoyment of Life
- Loss of employment opportunity
Ohio medical malpractice law is complex and changes frequently. The above discussion provides a very basic and fundamental framework of some of the complex medical and legal issues lawyers and patients face when bringing an Ohio medical malpractice action. Therefore, any specific issues should be directed to a qualified Ohio medical malpractice attorney.