Legal Question in Medical Malpractice in Ohio

The hospital will defend on the basis that this was a criminal act by a third party that they are not responsible for. Unless the hospital was on notice of potential crimanal activity or had a policy in force to prevent strangers from entering the building and they did not comply thus allowing him to enter unobstructed it will be difficult to hold the hospital responsible. Even if the hospital is responsible for this criminal act, the issue of proving what damages were caused by this and how it impacted your mom is still a big question. While upsetting and disturbing, the question is what damages were caused by way of medical treatment or economic loss eventhough this should never have gone on. What you could recover by way of damages would probably not warrant filing a claim through an attorney. You might want to contact the risk manager at the hospital and see if they would be willing to resolve this matter with you for a reasonable sum to avoid the negative publicity. If they say no, you should consider filing a complaint with the Joint Commision in chicago.www.jcaho.org and the ohio state medical board. Hope this helps.