SCHEDULE A FREE CONSULTATION 216.529.9377
Logo
  • Personal Injury
    • Camp Lejeune Water Contamination
    • Dog Bites
      • Cleveland
      • Akron
    • Medical Malpractice
      • Cleveland
      • Akron
    • Nursing Home Abuse
      • Cleveland
      • Akron
    • Slip and Fall
      • Cleveland
      • Akron
    • Other Personal Injuries
    • Traumatic Brain Injury
    • Workers’ Compensation
      • Cleveland
      • Akron
    • Wrongful Death
      • Cleveland
      • Akron
  • Auto Collisions
    • Car Accidents
      • Cleveland
      • Akron
    • Drunk Driving Accidents
    • Motorcycle Accidents
      • Cleveland
      • Akron
    • Truck Accidents
      • Cleveland
      • Akron
    • Bicycle Accidents
      • Cleveland
      • Akron
    • Pedestrian Accidents
      • Cleveland
      • Akron
  • Attorney Profiles
    • Mark J. Obral
    • Thomas J. Silk
    • Alexander L. Pal
    • Jacob DeBaltzo
  • Locations
    • Parma
    • Lorain
    • Strongsville
    • Medina
    • Westlake
    • Wadsworth
    • Barberton
    • Lakewood
    • Cuyahoga Falls
    • Brunswick
  • Blog
  • Contact

Navigating the Process of Filing a Medical Malpractice Lawsuit 

September 27, 2023 by Obral Silk Pal

Medical malpractice claims can be complicated and emotionally taxing.. If you or a loved one has suffered harm due to medical negligence in Ohio, understanding the process of filing a medical malpractice lawsuit is crucial. In this blog post, we will provide guidance on the necessary steps involved in filing a medical malpractice lawsuit in Ohio, including the required documentation, court procedures, and the important role of an attorney. It’s important to note that the information provided here is for informational purposes only and should not be considered legal advice.

Gather Relevant Documentation

To initiate a medical malpractice lawsuit, it’s essential to gather all relevant documentation related to your case. This includes medical records, test results, prescriptions, and any other pertinent information that supports your claim of medical negligence. These documents will serve as evidence during the legal proceedings.

Consult with an Experienced Attorney

Seeking legal representation from an experienced medical malpractice attorney is crucial. A skilled attorney specializing in medical malpractice cases can provide invaluable guidance throughout the entire process. They will assess the merits of your case, help you understand your rights, and navigate the complex legal requirements.

Statute of Limitations

In Ohio, medical malpractice claims are subject to a statute of limitations, which sets a time limit for filing a lawsuit. It’s important to be aware of these limitations as they vary depending on the nature of the claim and the age of the injured party. Consulting with an attorney promptly is crucial to ensure your claim is filed within the specified timeframe.

Pre-Litigation Requirements

Before filing a lawsuit, Ohio law requires the injured party or their attorney to provide the defendant healthcare provider with a notice of intent to sue. This notice must include a statement of the alleged malpractice, along with an affidavit of merit from a qualified medical expert affirming that there is a reasonable basis for the claim of negligence. The defendant healthcare provider then has a specified period to respond.

Filing the Lawsuit and Court Proceedings

If the pre-litigation requirements are met and a settlement cannot be reached, the attorney will file a formal lawsuit in the appropriate Ohio court. The court proceedings will include discovery, where both parties exchange information and evidence, depositions, expert testimonies, and potential settlement negotiations. If a settlement cannot be reached, the case may proceed to trial.

Building a Strong Case

To successfully prove medical malpractice, the injured party must establish four key elements: the existence of a doctor-patient relationship, the healthcare provider’s breach of the standard of care, causation, and resulting damages. Working closely with your attorney, medical experts, and other professionals, you will build a strong case to support your claim.

Conclusion

Filing a medical malpractice lawsuit in Ohio requires careful attention to the legal process and the gathering of relevant documentation. Consulting with an experienced medical malpractice attorney is crucial to navigate the complexities of the legal system and maximize your chances of obtaining fair compensation. If you believe you or a loved one has been a victim of medical negligence, consult with a knowledgeable attorney who can guide you through the process and advocate for your rights.

Categories: Uncategorized

Primary Sidebar

Free Consultation

Call us now for a FREE initial consultation
216.529.9377

Client Reviews

"Attorney Pal was absolutely fantastic! He made me feel very comfortable from the very first day that we met. He was always great about returning my calls, and I can’t say enough great things about him and his staff. I would highly recommend my family and friends to him, and I already have!"


- L.H., Wadsworth, OH

    Logo

    We Make A Personal Commitment To Each And Every Client.

    Direct Link

    • Scholarship
    • Personal Injury Lawyer Cleveland
    • Car Accident Lawyer Cleveland
    • Personal injury lawyer Akron
    • Car accident lawyer Akron

    Contact Information

    55 Public Square #1700 Cleveland, OH 44113

    216.529.9377
    Get Directions


    221 Springside Drive, Suite #100, Akron, OH 44333

    330.572.4727
    Get Directions

    © 2025 Obral Silk & Pal Personal Injury Lawyers | Sitemap | Privacy Policy | Disclaimer

    page_id==833