A wrongful death and medical malpractice case involving nursing homes in northeast Ohio recently provided the opportunity for the Ohio Supreme Court to weigh in on the matter of the process by which compensation can be sought.

The original wrongful death and medical malpractice case was brought against the nursing homes by the estate of a now deceased resident. Before dying, the resident had undergone surgery for ulcers.

The issue being examined by the court was the two-trial system in place for personal injury lawsuits. In 2005 lawmakers in Ohio created the two-trial system as part of a reform of the personal injury lawsuit system. Under the two-trial system, either a plaintiff or defendant can seek separate trials for compensation and damages. The question put to the court was whether the two-trial system violated the separation of powers clause of the United State's Constitution.

The ruling determined that the system was in fact constitutional. In its 5-2 ruling, the court indicated that because the law was a substantive matter, it ultimately took precedence over rules of the court that generally dictate how trials are to be conducted.

Wrongful death and medical malpractice cases are complicated. For that reason, it is usually in the best interest of anyone in Ohio who is considering filing a lawsuit to consult an attorney with experience in the practice areas. While most would agree that money is not a substitute for one's health or the loss of a loved one, it can make it easier to move forward.

Source: Lancaster Eagler Gazette, "Ohio court backs 2-trial system for lawsuit claims," Associated Press, Feb. 16, 2012