In 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.
Ohio, 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.
Medical Errors Are Not the Only Cause of Negative health Outcomes
The findings of an international study show that nurses and support staff are sometimes hesitant to voice their concerns when they see something wrong during surgery, resulting in surgical errors that cause serious injury and death. This has prompted a team of Australian researchers to develop and test ways to improve communication among members of surgical teams.
Hospital-acquired infections are very preventable, yet cause many serious injuries and deaths in hospitals and nursing homes every year.
Medical tests are routine, or so we like to think. Seldom do we question a positive or negative result, and we undertake or decline treatment based on those results. Almost everyone has had some type of medical lab test - a throat culture, a urinalysis or a blood glucose level.
Last month, we discussed the potential medical malpractice lawsuit involving a death of a Texas man infected with Ebola. The victim's family members ended up bringing a malpractice lawsuit against Texas Health Presbyterian hospital and it was recently settled. Although the terms of the settlement were not disclosed, the resolution was probably a good compromise between the two parties.
Bariatric surgery, or weight loss surgery, has become extremely popular in recent years. Operations such as the gastric bypass and laparoscopic banding have been advertised as safe and effective for patients struggling with obesity.
Former Ohio State running back Beanie Wells recently filed a medical malpractice lawsuit against three doctors after an alleged botched surgery on his Achilles tendon. Wells believes that his surgeon deliberately concealed the fact that his botched operation was unsuccessful.
On Wednesday, a man in Dallas died from Ebola. In the days before his death the victim told hospital staff he recently visited West Africa, but it appears they erred by not sufficiently considering the Ebola virus as the cause of his symptoms.