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January 2016 Archives

Confidential settlements in medical malpractice cases

medmaldoctortalking.jpgIn many instances, medical providers and their insurers will offer compensation to victims injured by medical negligence without acknowledging fault. For example, Ohio State University will pay nearly $4 million to settle medical malpractice and wrongful death claims, according to a recent story in the Columbus Dispatch. However, it did not admit that medical malpractice was involved.

When should I file a medical malpractice case?

medmalnurses4.jpgOhio, like every other state, gives patients who were wronged because of medical negligence a limited amount of time to file a malpractice case. Each state has its own time requirements; In Ohio you have one year to file a medical malpractice case, and that one year tolls from when the malpractice occurred or when you discovered or should have discovered the malpractice. It is one year for medical malpractice and two years for wrongful death (though if the wrongful death is from malpractice the survivorship claim must be filed in one year). The statute of repose is four years which means no matter when you discover the malpractice, if it is outside of four years you are barred. 

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