Medical Malpractice Lawyer Dayton, Ohio

Medical Malpractice Attorneys

Doug Mann

Last updated on January 2nd, 2024

Hospitals act as symbols of healing and hope as they are dedicated to the well-being of individuals seeking medical care. However, some patients find themselves facing unexpected injuries. Tragically, these injuries often result from negligence within the healthcare system. Reports indicate that 44,000 and 98,000 people die every year in America due to preventable medical errors. However, a medical malpractice lawyer Dayton, Ohio will guide you through the claim process and advocate for your right to just compensation in case you have been a victim.

Unfortunately, such incidents leave the victims with untold suffering due to the resultant injuries. The legal team at Dyer, Garofalo, Mann & Schultz understands what these victims go through and can help them seek recourse through a medical malpractice claim. This legal avenue aims to compensate for the suffering from interactions with negligent healthcare professionals or institutions.

Most Common Medical Malpractice Claims

Delayed Diagnosis or Misdiagnosis

Among the most prevalent medical malpractice claims is the issue of delayed diagnosis or misdiagnosis. This occurs when healthcare providers fail to promptly and accurately identify a patient’s medical condition. Also, misdiagnosis may involve a physician failing to recognize the clinical signs of a condition.

Delayed treatment has been known to exacerbate the patient’s health problems and potentially cause irreparable harm. Some of the most delated or misdiagnosed conditions include:

• Pulmonary problems
• Heart attacks
• Strokes
• Dementia

Failure to Treat

Failure to treat breaches the accepted standards of care embraced by medical caregivers, as stated by the Western Journal of Emergency Medicine. Instances of medical malpractice often involve healthcare professionals neglecting to provide appropriate care for a diagnosed condition. This negligence can result in a worsening of the patient’s health that could have been prevented with timely and proper medical intervention.

Failure to treat may involve the following negligent actions:

• Delayed treatment
• Incorrect treatment
• Lack of monitoring
• Failure to follow standard protocols
• Inadequate communication
• Negligence during emergencies
• Refusal of necessary tests or procedures
• Quickly discharging patients from the hospital
• Disregarding medical history when doing prescription

Drug Prescription Errors

Medical malpractice claims frequently arise from drug prescription errors. These errors range from incorrect dosages to prescribing the wrong medication altogether. These mistakes can lead to adverse reactions, complications, and even life-threatening situations for unsuspecting patients.

Surgical Errors

These involve a wide range of mistakes made during surgical procedures. Common surgical/procedural errors include:

• Operating on the wrong body part
• Leaving foreign objects inside the patient’s body
• Reactions or problems to anesthesia
• Not following the accepted procedures before, during, and after surgery

These errors can lead to prolonged recovery times, additional surgeries, and, in extreme cases, permanent damage to the patient’s health.

Childbirth Injuries

Medical malpractice claims related to childbirth injuries often involve negligence during prenatal care or delivery. Failure to monitor and respond to complications can result in birth injuries, affecting both the mother and the newborn. These cases may include issues like:

• Cerebral palsy
• Ruptured uterus
• Shoulder dystocia
• Brachial palsy
• Cephalhematoma
• Nerve injuries
• Perinatal asphyxia
• Vaginal tears
• Newborn jaundice
• Prolapsed uterus

Some common causes of birth injuries include:

• Improperly forcing the baby from the birth canal
• Not recognizing the fetal distress
• Umbilical cord wrapping around the baby’s neck, nose or mouth,
• Untimely performing the C-section
• Mishandling a baby during or after birth.

Anesthesia Mistakes

Anesthesia mistakes are another significant category of medical malpractice claims. Errors in administering anesthesia involve:

• Dosage miscalculations
• Inadequate monitoring
• Failure to monitor vital signs
• Allergic reactions to anesthesia
• Delayed recognition of complications
• Inadequate preoperative assessment
• Equipment malfunctions
• Administering the wrong type of anesthesia

These errors may lead to adverse challenges, such as allergic reactions to life-threatening situations during surgery.

Who Is Entitled to Compensation for Injuries?

In Ohio, individuals who have suffered losses due to medical malpractice can pursue compensation with the help of a medical malpractice lawyer Dayton, Ohio for the damages they’ve incurred. However, you must establish several key factors to seek compensation.

• Doctor-patient relationship: You must prove that there was a legitimate doctor-patient relationship. This creates a responsibility for the healthcare provider to provide a standard level of care.
• Not meeting the expected standard of care: The plaintiff must show that the care they received did not meet the standard expected in similar situations. This standard is determined by what a competent medical professional in the same field would typically do.
• Direct link: To be eligible for compensation, you must establish a connection between the medical professional’s negligence and the injuries you suffered. This involves presenting evidence of how the error occurred and its direct impact on your health.
• Significant harm as a result: The injuries sustained must reach a level of significant harm to justify seeking compensation. This can encompass physical pain, emotional distress, financial burdens, and other tangible and intangible losses.

In most cases involving medical errors, expert testimony is key. An expert witness is a highly qualified and experienced medical professional in the same field as the accused. Their purpose is to testify about the standard of care and whether any actions deviated from that standard.

If you can construct a compelling and persuasive medical malpractice claim in Dayton, you could be eligible to receive compensation for damages.

How to File a Medical Malpractice Lawsuit?

Filing a medical malpractice lawsuit even with the help of a medical malpractice lawyer Dayton, Ohio involves a few steps.

Consultation with a Medical Malpractice Attorney Dayton, Ohio

Medical malpractice claims happen to be among the most challenging lawsuits. This is due to the burden of proving negligence and holding medical professionals accountable. It is highly recommended to enlist the help of a medical malpractice attorney. They will assess the details of your case and determine its viability.

Prove Your Case

Next, you must prove that the required elements existed in your claim. Collect all relevant medical records, documents, and evidence supporting your claim. This includes expert opinions confirming the presence of malpractice.

Obtain an Affidavit of Merit

In Ohio, before filing a lawsuit, you typically need to obtain an affidavit of merit from a qualified medical professional. This document confirms that there is a reasonable basis for the lawsuit.

Initiate the Lawsuit

Your medical malpractice lawyer Dayton, Ohio will initiate the lawsuit for you by making an official filing. The defendant (healthcare provider or institution) will be served with a copy of the complaint.

At this stage, parties to the case will engage in “discovery.” This is where they exchange information and evidence surrounding the case. Typically, this involves depositions, interrogatories, and document requests.

Expert witnesses may be deposed to provide testimony on the standard of care, the alleged breach, and the resulting injuries. Their insights are crucial in supporting your case. It assists in establishing a clear connection between the medical team’s negligence and the injuries suffered. The expert testimony strengthens the credibility of the plaintiff’s case by reinforcing the compensation claim.

Trial Proceedings

The case now proceeds to trial, where both sides present their arguments, evidence, and witnesses. The jury will then determine the verdict based on the evidence presented. Either party may choose to appeal the decision if they believe legal errors occurred during the trial.

Statute of Limitations for Medical Malpractice

In Ohio, you have one year from the date you were injured or the discovery of the injury to bring a lawsuit (O.R.C. § 2305.113(A). However, there is a maximum limit of four years from the date the malpractice occurred, based on different scenarios (O.R.C. § 2305.113(C). You need to engage your lawyer immediately for advice on such timelines, as failure to file within the specified period may result in the dismissal of the lawsuit.

Seek Help From a Medical Malpractice Lawyer Dayton, Ohio

The thought of holding a qualified professional accountable for your injuries may sound dreadful. However, you have the right to seek compensation for injuries sustained due to their negligent acts. A medical malpractice lawyer Dayton, Ohio from our team will help hold such health professionals accountable. They will assess your claim and work with expert witnesses to ensure your claim is successful. If you need help with your medical malpractice claim in Dayton, Ohio, contact us online today or call us at 1.937.222.2222 for a free case evaluation.

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