State Supreme Court clarifies medical malpractice rule
On behalf of Weisman, Kennedy & Berris Co., L.P.A. posted in Medical Malpractice on Monday, June 10, 2013.
Medical professionals in Ohio must be focused and diligent when it comes to providing the best possible care for their patients. If they fail to live up to this standard, serious consequences can follow. When a patient is injured due to the negligence of someone in the medical field, they may file a lawsuit.
A state Supreme Court recently made a decision that may help to clarify a rule which commonly appears in medical malpractice cases known as the continuous treatment rule. According to state law, a medical malpractice lawsuit must be filed within two years of the time the alleged malpractice incident occurred. The continuous treatment rule, however, states that the two year clock does not start running until the defendant stops treatment on the site of the complaint.
In February of 2008 a man was injured by a hospital employee while he was being treated for pneumonia and respiratory failure in the intensive care unit. The employee attempted to singlehandedly move the man in his bed, damaging the nerves in the man’s arm and shoulder in the process. The injury resulted in pain and loss of function. On March 11, 2010, the man filed a lawsuit against the hospital, citing hospital negligence. The court originally ruled that he was past the two year deadline, but that decision was overturned because he was not discharged from the hospital until March 15, 2008.
Medical negligence can results in serious injury, increased medical and related care bills, lost wages, pain and suffering and death. If you are the victim of medical malpractice, you may be entitled to compensation for the damages you have suffered. An attorney may be of assistance in this area.
Source: Wyoming Tribune Eagle, “Wyoming Supreme Court reversed malpractice ruling,” Kelsey Bray, May 30, 2013
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