Laws vary from state to state, but the elements of a health care liability claim for medical malpractice or medical negligence are generally:

• a physician or health care provider is a defendant;

• the claim or claims at issue concern treatment, lack of treatment, or a departure from accepted standards of medical care or health care, or safety, professional, or administrative services directly related to health care;

• the defendant owed the plaintiff a duty of care;

• the defendant breached its duty of care by not meeting the required standard of care; and

• the defendant’s act or omission proximately caused the plaintiff’s injury (was the primary cause of the injury).

In Ohio, medical malpractice claims are governed by both state statutes and case law. To establish a medical malpractice claim in Ohio, a plaintiff must demonstrate that a physician or health care provider, who is the defendant, failed to adhere to the accepted standards of medical care, resulting in harm to the patient. The elements of a medical malpractice claim in Ohio include establishing that the health care provider owed a duty of care to the patient, breached that duty by failing to meet the standard of care, and that this breach was the proximate cause of the patient's injury. Ohio law requires that medical malpractice claims be filed within a certain time frame, known as the statute of limitations, which is generally one year from the date the cause of action accrued, but there are exceptions that can extend this period. Additionally, Ohio has a cap on non-economic damages in medical malpractice cases, which limits the amount of compensation for pain and suffering, although there are exceptions for catastrophic injuries. It is important for plaintiffs to consult with an attorney to navigate the complexities of medical malpractice law in Ohio.