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Performing surgery without consent is a form of medical malpractice. In the state of Ohio, an injured party, i.e. plaintiff, has up to one year to file a claim of medical malpractice. The one year either begins at the time the injury occurred or the time that a person ended the doctor-patient relationship. However, the plaintiff has only four years total to file a claim.
Before a medical malpractice suit may be brought before the courts, an affidavit of merit must be filed. The affidavit of merit is basically a review of the facts by an expert, generally another licensed medical professional. This determines whether or not malpractice has occurred.
In the state of Ohio, caps exist on the amount that a physician can be sued. Also, liability is assigned to a provider on a percentage basis. That is, a provider may be deemed to only be partially responsible for the malpractice claim.
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