When a loved one dies prematurely, you deserve to know why. You deserve answers, and you deserve accountability from the people or corporations who caused your loss. And you can get answers and accountability through Tais medical malpractice case in Ohio.
Experiencing a wrongful death of someone close to you is indescribable, and it can be easy to feel isolated in your grief.
Cooper Elliott will stand with you.
Our experienced team of Ohio medical malpractice attorneys has helped families file wrongful death lawsuits for decades. We’re here to walk you through your options and help you hold the entities and individuals responsible for your grief accountable.
How does Ohio define wrongful death and medical malpractice?
Under Ohio law, a wrongful death is the loss of life that results from someone else’s actions, whether intentional or due to negligence.
A wrongful deaths can occur in a variety of ways, including::
- Medical malpractice
- Vehicle accidents
- Hazing rituals
- E-scooter and e-bike wrecks
- Amusement park ride malfunctions
- Bicycle and pedestrian accidents
- Nursing home negligence
- Product liability accidents
Under Ohio law, a plaintiff can sue for medical malpractice when a medical practitioner is negligent and that negligence leads to an injury, illness, or death.
How do you prove medical malpractice caused a wrongful death?
Medical malpractice cases are sometimes difficult to prove. A person’s healthcare network includes a large number of providers, supplies, and systems. As a result, the particular negligence that caused the illness, injury, or death can be difficult to pinpoint.
However, it is possible for these cases to be proved and won when you have an experienced team of medical malpractice lawyers that is willing to dig deep and hold wrongdoers accountable.
When it comes to medical malpractice, Ohio law requires you to prove that a specific entity’s or individual’s actions or inactions caused your injury or illness. Or, in the case of a wrongful death due to medical malpractice, you must prove that those actions or inactions caused the death.
Wrongful deaths caused by medical malpractice can involve, for example:
- Anesthesia errors
- Childbirth deaths
- Dentist malpractice
- Hospital management
- Physician malpractice
- Pharmacy errors
As you can see, not all instances of medical malpractice can be pinpointed to a single doctor, pharmacist, or nurse. And sometimes, a hospital or other corporation’s mismanagement can lead to the wrongful death.
What does standard of care mean in an Ohio medical malpractice case?
Standard of care is a crucial concept in a medical malpractice case; it is the standard of medical care that other reasonable doctors, nurses, or medical professionals would abide by in a similar situation.
For example, there is an accepted “standard” practice, or standard of care, when it comes to prescribing certain medicines.
In order to prove medical malpractice caused a wrongful death in Ohio, you must prove the person died because of the provider or corporation’s actions or inactions that fell below the accepted standard of care. .
In order to file any medical malpractice case in Ohio, you will need a medical expert’s “affidavit of merit,” which is a sworn statement that corroborates your wrongful death case.
Wrongful death lawsuits in Ohio
The statute of limitations–or the deadline to file a medical malpractice case in Ohio is one year from the date of the malpractice. This means that you have only one year from the date of the injury to file a lawsuit.
There are also rules concerning who can bring a wrongful death suit. Unlike some states, in Ohio, the suit has to be brought by a “personal representative,” or the executor of the decedent’s estate. This personal representative is sometimes – although not always – a family member of the decedent.
In addition to proving liability (that the departure from the standard of care caused the death), the personal representative must prove they suffered damages because of the death..
Contact Cooper Elliott Wrongful Death Attorneys in Ohio Today
Our team at Cooper Elliott has won many wrongful death medical malpractice cases. Holding wrongdoers accountable can be part of your healing process, and we are ready to stand with you every step of the way. Contact us today to schedule your initial consultation.