What happens if a complaint is filed against me with the State Medical Board of Ohio?

Tue, 24 Mar 2009 13:21:58 GMT

First, the Board secretary and Supervising Member determine if the State Medical Board has jurisdiction. If it is determined that the allegations of the complaint fall within the jurisdiction of the State Medical Board then the case is assigned to an investigator who thoroughly investigates the allegations. If the investigator determines that there is sufficient evidence to possibly find against a physician then the case is assigned to an Enforcement Attorney who will draft the citation letter that will be sent to the physician and prepare for a formal hearing. A public hearing will be held before an Attorney Hearing Examiner. The Medical Board will be represented by the Attorney General’s office and the physician has the right to be represented as well. After the hearing the Attorney Hearing Examiner files a summary of the case and proposed decision with the Medical Board and to the physician. The physician has ten days to file written objects to the Attorney Hearing Examiner’s report. The Board then meets and decides whether to accept, reject or modify the recommendations of the Attorney Hearing Examiner.

What is the potential liability in a medical malpractice case in Ohio?

Tue, 24 Mar 2009 19:21:31 GMT

While Ohio law does not limit the amount of economic damages that a plaintiff may recover in a medical malpractice case, it does provide specific limits on noneconomic damages and on punitive damages. Noneconomic damages are capped at $250,000 or three times the plaintiff’s economic losses, as determined by the court. The maximum amount of noneconomic losses that may recovered is $350,000 per defendant for a total of $500,000 per occurrence. Ohio law makes an exception to these damage caps for injuries that resulted in permanent injuries that resulted in the plaintiff’s inability to care for himself. In those cases there are no cap on the noneconomic damages that a plaintiff may recover. Punitive damages also typically have a cap. A plaintiff may not recover punitive damages that are more than two times the amount of economic damages received or a set portion of the defendant’s net worth. However, the cap on punitive damages does not apply if the defendant acted knowingly.

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What happens if a complaint is filed against me with the State Medical Board of Ohio?

What is the potential liability in a medical malpractice case in Ohio?