Ohio Complaint for Medical Malpractice regarding Diagnosis and Treatment

State:
Multi-State
Control #:
US-CMP-10041
Format:
Word; 
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Instant download

Description

This is a model Complaint for damages caused by the negligence of a medical provider whose staff physician negligently failed to diagnose a common medical condition, resulting in severe mental and physical pain and unnecessary medical treatment, tests and associated expense over a period of months. The problem was later properly diagnosed and treated by a second provider. Damages are sought from the first provider. Adapt to fit the circumstances of your case. Care must be used to comply with the law and court rules for your state, because this is a model form.
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FAQ

Ohio maintains a strict statute of limitations for medical malpractice lawsuits: They must be filed within a one-year period of a medical error. This requirement is outlined in detail in the Ohio Revised Code Section 2305.113.

There are many medical negligence examples including: Misdiagnosing patients or failing to diagnose them. Botched anesthesia or botched surgery, including leaving surgical instruments inside a patient. Delayed diagnosis.

Medical Malpractice or medical negligence is the failure of a medical professional to exercise the reasonable skill, care and diligence that other medical professionals similarly situated would have exercised. This is known as the standard of care.

Medical Malpractice or medical negligence is the failure of a medical professional to exercise the reasonable skill, care and diligence that other medical professionals similarly situated would have exercised. This is known as the standard of care.

You are obligated to report violations of law, rule, and code of ethics standards to the SMBO. Examples of misconduct include, but are not limited to, sexual misconduct, impairment, practice below the minimal standards of care, and improper prescribing of controlled substances.

Under Ohio law, non-economic compensatory damages such as damages for loss of enjoyment of life, loss of companionship, and pain and suffering are limited to $250,000 or three times the economic damages?whichever is greater.

You can file a complaint directly with the Medical Board 24/7 through the confidential complaint hotline at 1-833-333-SMBO (7626) or online at med.ohio.gov. Provisions in the Ohio Revised Code make all complaints received by the board confidential.

Liability for Failure to Treat To prove that your doctor's failure to treat a medical condition was negligent and that you should be awarded compensation, you will have to demonstrate that all of the following are true: There was a doctor-patient relationship. The doctor's medical care was below the standard of care.

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Ohio Complaint for Medical Malpractice regarding Diagnosis and Treatment