As in most states, Ohio law imposes a statute of limitations on medical malpractice claims. Among other things, this is meant to ensure that evidence related to the case will not disappear, and witnesses will still be available to testify.
In our previous post, we began looking at the issue of nursing home arbitration agreements and their enforceability. As we began to point out last time, the enforceability of nursing home arbitration agreements is in somewhat of a state of flux, with some states holding such agreements in greater favor than others.
When adult children place an elderly parent in the care of a skilled nursing facility, they trust that the facility will ensure that appropriate and timely care is provided to the parent. Unfortunately, nursing home facilities do not always do so and can make a bad reputation for other skilled nursing facilities.
In our last blog post, we talked about a medical malpractice case where a patient was held responsible for her death as opposed to the doctors who provided care for her after she was diagnosed with cancer. The jury ruled in the defendants' favor because the woman smoked heavily her whole adult life, directly contributing to her death.
The vast majority of medical malpractice lawsuits happen after a patient’s health or physical condition grows worse while under a doctor’s care. The question before the court often is, was the negative outcome due to negligence on the physician’s part, or something else -- such as the patient’s unwillingness to take responsibility for his or her own health?
As we previously discussed, the Ohio Bureau of Workers’ Compensation has been working on a plan to help prevent workers from becoming addicted to pain pills as a result of a workplace injury. Opioid addiction is a nationwide problem that hits very close to home for Ohioans. The most recent report from the Department of Health regarding drug overdoses in Ohio is from 2014, and the results were staggering. In total, 2,482 residents died from drug overdoses. It’s a record-breaking statistic for Ohio, and a trend that BWC would like to quash.
It is not always the end of the story when an Ohio hospital or medical practice successfully defends itself against a medical malpractice lawsuit. Plaintiffs often appeal when the judge dismisses their claim or when a jury finds there was not enough evidence. Thus, medical professionals and their attorneys sometimes must go back to court to argue that the ruling or verdict was the right one.