Last updated on January 2nd, 2024
Just like many people, you likely believe that visiting medical professionals is safe and you can comfortably put your well-being in their hands. Unfortunately, there are many instances where such trust is violated, leading to emotional as well as physical injuries. A Johns Hopkins study found that medical malpractice accounts for one-third of deaths in the United States.
In Cincinnati, patients still find themselves facing injuries due to negligence within the healthcare system. In such times, our dedicated team of medical malpractice lawyers in Cincinnati from Dyer, Garofalo, Mann & Schultz L.P.A. can help you seek justice. We can navigate the medical malpractice claims and work to restore both your health and your faith in the healing journey.
Medical malpractice happens when a healthcare practitioner, through a negligent act or omission, deviates from the standards expected in their profession, resulting in injury or death to a patient. It occurs when a medical professional does not administer appropriate treatment, takes inappropriate action, or provides substandard care that causes harm to a person.
In Ohio, medical malpractice denotes a legal cause of action that arises when an injury or fatality occurs as a result of medical treatment. This typically involves a healthcare practitioner, such as a nurse, doctor, therapist, or an institution, deviating from the recognized standards and practices that other healthcare professionals would adhere to when handling a patient with similar symptoms.
When considering filing a lawsuit in Ohio, you need to take several factors into account:
In Ohio, you have one year following an injury to bring a medical malpractice claim. This means that a patient must file a lawsuit within one year of the alleged medical malpractice occurrence.
However, there could be some exceptions according to O.R.C. § 2305.113(B). To qualify for those exceptions, you must prove that you could not possibly have discovered the injury through reasonable diligence earlier.
These exceptions may include:
It’s important to note that there may be other factors that could affect the timing and deadlines for medical malpractice claim filing in Ohio. We highly recommend that you enlist the help of an attorney to understand the specific details and deadlines applicable to your situation.
Expert witnesses are key parties in medical malpractice cases in Ohio. Their testimony and expertise help establish and prove whether or not medical malpractice occurred. Their specialized understanding allows them to analyze medical records, evaluate the standard of care, and offer an informed opinion regarding whether the defendant’s actions deviated from the accepted standard.
Having an expert witness can boost the credibility and persuasiveness of your medical malpractice case. Their unbiased opinion can significantly influence the judge or jury.
Hence, in your medical malpractice claim, you will be required to file an affidavit of merit from a qualified medical professional. This document confirms the validity of your claim and establishes a reasonable basis for proceeding with a lawsuit.
Identify the parties you intend to sue. Your medical malpractice attorney in Cincinnati will help you determine liability, which may fall under one or more of the following parties:
The circumstances of each claim will determine which individuals or entities should be named as defendants. Understanding the responsible parties is crucial for constructing a targeted legal strategy.
Clearly understand the legal grounds for your lawsuit. Establish that your claim meets the following requirements:
By ensuring these elements exist in your case, you can qualify to pursue a medical malpractice lawsuit in Cincinnati, Ohio.
In Ohio, caps on compensation for medical malpractice apply only to non-economic damages in medical malpractice cases. Non-economic damages refer to damages that are difficult to quantify, including loss of enjoyment of life.
The cap is set at $350,000 per plaintiff or three times the amount of economic damages awarded, whichever is greater, up to a maximum of $500,000 per case. If the plaintiff’s injuries are catastrophic, the cap is raised to $500,000 per plaintiff and up to $1,000,000 per occurrence. However, there is no cap on economic damages in Ohio.
In Cincinnati, patients have filed a diverse range of medical malpractice claims. These include:
These involve cases where a doctor fails to diagnose a medical condition accurately or provides an incorrect diagnosis. These may include:
These errors can lead to delayed or inappropriate treatment, causing harm to the patient.
Incidents that occur during surgery can result in serious complications and injuries. They may include:
These errors could cause adverse challenges such as organ damage, nerve damage, and functional impairment, among others.
Most of the medical malpractice claims arise from mistakes in prescribing, administering, or monitoring medications. Some of these errors include:
Medication errors are the leading cause of severe injuries to the patient’s health, affecting one in every thirty patients.
There are cases involving harm to newborns and mothers during the birthing process. Some of negligent acts by doctors during birth may include:
Birth injuries can have long-term consequences for both the child and the mother. Some of the injuries caused by medical negligence include:
Anesthesia errors occur during the administration of anesthesia, a critical component of various medical procedures, surgeries, and interventions. These errors may involve the following:
If you’ve experienced harm as a result of medical negligence, you may be lawfully entitled to compensation. Holding them accountable demands legal knowledge, and at our firm, we specialize in handling such cases. With a track record of successfully navigating medical malpractice claims, we know how to pursue the best outcomes. If you’re enduring the consequences of medical negligence, don’t hesitate to contact us for a free case evaluation.
If you or a loved one has been seriously injured, please fill out the form below for your free consultation or call us at 1.937.222.2222
This was my first time having to deal with anything legal, they did a very good job, they helped me through the whole process start to finish. Kept me up to date with everything as time went and also didn’t make me feel dumb over a couple very “dumb” questions. Definitely the people I’ll come back to if needed again!
The team did a superb job of keeping me in the loop in regards to my claim. Brittany did an amazing job as my paralegal, following up with me as soon as she had news on my case. I truly can’t thank the Dyer, Garofalo, Mann & Schultz firm enough. If you are looking for legal representation that will truly fight for you, these are the guys to go with!
This will be the second review I have written. Can not say enough about Mr David Marquis, he has went above and beyond for me with my case. From day one, he has worked very hard for me to ensure that I would get what I was deserved. Also, his paralegals, Amy Smith and Allison was a God send. Whenever I had a question, they would get back with me within minutes.
I would highly recommend you to anyone. Thank you Mr Marquis and your staff for all you have done for me.
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