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.
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. A medical malpractice lawyer in Dayton, Ohio will guide you through the claim process and advocate for your right to just compensation.
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:
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:
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.
These involve a wide range of mistakes made during surgical procedures. Common surgical/procedural errors include:
These errors can lead to prolonged recovery times, additional surgeries, and, in extreme cases, permanent damage to the patient’s health.
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:
Some common causes of birth injuries include:
Anesthesia mistakes are another significant category of medical malpractice claims. Errors in administering anesthesia involve:
These errors may lead to adverse challenges, such as allergic reactions to life-threatening situations during surgery.
In Ohio, individuals who have suffered losses due to medical malpractice can pursue compensation for the damages they’ve incurred. However, you must establish several key factors to seek compensation.
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.
Filing a medical malpractice lawsuit in Dayton involves a few steps. These include:
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.
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.
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.
Your attorney 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.
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.
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.
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 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 today 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