Legal Toolkit Ohio Malpractice
What to Know About Malpractice
a
Medical Malpractice
refers to instances when a medical professional (doctor, nurse, therapist, dentist, pharmacist, etc) has performed their duties in a way that varies from the accepted standard of care for that procedure/treatment and someone has been injured (or is now dead) as a result. The inappropriate “performance of duties” can also refer to cases when the medical professional neglected to inform patients appropriately and injury or death resulted. It is important to note that bad medical results don’t necessarily mean that a medical professional has acted negligently. For instance, amputation of a foot with gangrene which doesn’t stop the gangrene from advancing isn’t necessarily negligence; in contrast, amputating the wrong foot would be negligent.
b
Legal Malpractice
refers to instances when a legal professional has acted in a negligent manner when providing legal advice or representation to their client, and monetary damages or out-of-pocket losses have resulted. Strategic errors during a case or trial on the part of the attorney who otherwise upheld appropriate legal standards and/or upcoming changes in law about which the attorney may not yet be aware are not typically found to constitute legal malpractice. Local Bar Associations can advise and investigate ethical grievances about lawyers (see Where to Read More). If you intend to file suit for legal malpractice, consult with a different attorney immediately about the issue because you must file legal malpractice lawsuits within one year.
c
Lawsuit Timing:
Despite the existence of statutes of limitations for certain matters, the law allows some leeway in filing a lawsuit. If you suspect that you may need to enter into litigation with another party over a legal issue, meeting with an attorney early in the process will help ensure that evidence is preserved and that timing deadlines are addressed. A malpractice attorney can advise you about the particulars of your legal situation and how to proceed in your best interests.
