The civil courts in Ohio require timely and accurate court filings. Failing to fulfill the proper steps before pursuing a civil court action could lead to unfavorable outcomes or even rejected filings. If you are seeking compensation through the court system, it is crucial to understand what Ohio requires before you can file.
By taking the proper steps, you can protect your eligibility to pursue fair compensation for the harm you endured.
What Is an Affidavit of Merit?
Roughly 11.3% of Americans undergo one or more surgical procedures each year, and anyone seeking compensation for a misdiagnosis or another type of medical malpractice would have to file an Affidavit of Merit as required by Ohio Civil Rule 10(D)(2). The affidavit confirms that a qualified consultant reviewed the available medical records and believes the healthcare provider failed to meet the applicable standard of care, which led to the patient’s injury.
If a plaintiff cannot reasonably obtain the affidavit before filing the complaint, Ohio courts may grant additional time under certain circumstances. Because this requirement is mandatory in most medical malpractice cases involving testimony, working with an experienced attorney early in the process can help avoid unnecessary delays or procedural issues.
Common Mistakes Plaintiffs Make When Pursuing Compensation
Roughly 36.8% of male and 23.8% of female physicians will face a medical malpractice claim at some point during their careers, and missteps by plaintiffs can lead to setbacks during those court cases. Even when someone suffers serious harm due to a healthcare provider’s negligence, the court system requires plaintiffs to present strong evidence and sound legal arguments to back their claims, not simply accusations.
One mistake a plaintiff could make is failing to file in time. Ohio has a strict one-year statute of limitations for medical malpractice claims, and anyone seeking compensation through the court system would have to file within one year of the onset of the injury. Failing to meet this requirement could lead to the case being dismissed.
Why You Should Hire a Medical Malpractice Lawyer
Pursuing compensation for a misdiagnosis or other form of medical malpractice can prove challenging if you do not hire a medical malpractice lawyer to manage your Ohio medical malpractice claim. The state’s medical malpractice laws require plaintiffs to provide an Affidavit of Merit and complete other court-related requirements before the court will allow a claim to move forward.
When you work with an experienced medical malpractice attorney from Spangenberg Shibley & Liber, you gain steady support from a law firm that brings decades of experience to these matters. To date, we have secured more than $1 billion* in compensation for our clients through focused negotiations and strategic civil court actions.
We understand the strict filing requirements that must be met for a claim to move forward and can prepare your case with a focus on the evidence and the documented harm you suffered. Our track record of success in court has led to awards and recognition from groups like The National Trial Lawyers, Best Lawyers, Super Lawyers, and Best Law Firms by U.S. News.*
Contact Spangenberg Shibley & Liber Today
Ohio’s Affidavit of Merit requirement is only one of several procedural rules that can affect a medical malpractice case before it reaches the courtroom. Successfully pursuing a claim requires careful preparation, qualified medical consultants, and a thorough understanding of Ohio law.
Since 1946, Spangenberg Shibley & Liber has represented victims of serious medical negligence, earning a reputation for meticulous case preparation and exceptional trial advocacy.
Our law firm represents clients in Ohio City, Tremont, and other neighborhoods in Ohio. We also represent clients in Florida. If you believe you were harmed by substandard medical care, contact our experienced attorneys to discuss your legal options and whether your claim satisfies Ohio’s filing requirements.
*Past results and awards do not guarantee a similar outcome. Every case is different and must be evaluated on its own merits.
