A medical malpractice case always involves a significant upfront investigation. The first step is obtaining the important medical records, which we review internally. Every page needs to be reviewed for details which may prove important to your case.
In order to file a medical malpractice lawsuit in Ohio, you need to have the case reviewed by one or more qualified medical providers (i.e. “expert witnesses”). Those providers must provide sworn statements stating that your case has merit. Thus, once we have completed our internal review, we will determine whether or not there are sufficient grounds to warrant sending the medical records to one or more expert witnesses.
Only when the medical experts believe that your case has merit and submit a sworn statement saying so can your case can be filed in court.
It is important to realize that an error by a medical provider alone will not be sufficient to pursue a medical malpractice case. A provider’s error must have caused actual and substantial injury and damages in order for the case to be pursued. In recent years, Ohio lawmakers have passed laws, often referred to as “tort reform,” limiting the types and amounts of damages that can be obtained in medical malpractice cases. Because of tort reform, only a small subset of medical provider errors can be pursued through malpractice lawsuits.