Ohio Complaint for Malpractice

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Multi-State
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US-03342BG
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Description

All professionals are subject to standards of conduct established by codes of professional ethics, by state statutes, and by judicial decisions. In their performance of contracts, professionals must exercise the established standard of care, knowledge, and judgment generally accepted by mem¬bers of their professional group.


Medical Malpractice can occur in any area of medicine in which a patient is injured as a result of poor medical treatment. The term "medical malpractice" refers to a health care provider's failure, either due to negligence or error, to treat a patient in accordance with the required standard of care, thus causing a patient to suffer harm.


The following form is a complaint that adopts the notice pleadings format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

If they believe that you will win based on the facts of the case, they will do their best to reach a settlement with you. In fact, most medical malpractice cases settle at this point, before going to trial. If your case goes to trial, there is no guarantee that you will prevail.

A certificate of merit is an affidavit that is issued by an independent third-party (or in some cases an attorney) certifying that the claim being brought against a design professional is factually and legally supportable.

Ohio Civil Rule 10(D)(2) establishes the parameters for a certificate of merit and how it is to be used in a medical malpractice claim. The certificate of merit must establish that a qualified physician ? apart from the defendant ? has reviewed the plaintiff's case.

The affidavit of merit must set forth the doctor's education, licenses, and work experience. It must state that the doctor devotes at least one-half of his or her professional time to the active clinical practice of medicine in his or her field of licensure, or to its instruction at an accredited school.

For more information on how to file a complaint please visit our Complaints page. The toll free number for registering complaints is 1-800-342-0553 or you may obtain a Complaint Form online. The complainant may choose to be anonymous.

Q6: How often do I have to take the Duty to Report CME requirement? A: A licensee must complete a minimum of one hour of CME on the topic of a licensee's duty to report misconduct every renewal period (two years).

How do I file a complaint? Visit elicense.ohio.gov or leave a message on the State Medical Board of Ohio's Confidential Complaint Hotline at 1-833-333-SMBO (7626).

Ohio law requires that an affidavit of merit include a statement that the expert (usually a doctor or other licensed health care professional): has reviewed all of the medical records reasonably available to the plaintiff, concerning the allegations contained in the complaint.

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Ohio Complaint for Malpractice