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Medical Malpractice Attorney
Everyone should be able to trust their doctor. However, doctors are still people and are prone to making mistakes. When a mistake happens to you it can be terrifying, you might be angry, or even scared. Generally, the mistakes made by doctors are not malicious and may be easily fixable. The problem that many injured individuals run into isn’t the doctor after the injury but working with the hospital to fix the mistake. This is why it’s important to talk with a medical malpractice lawyer about the negligence you faced.
Luckily, medical malpractice rarely goes to court and is, for the most part, handles between your lawyer and the hospital’s insurance company. This makes these cases feel a little less stressful but you will need to be able to provide a lot of proof. Many states put all the pressure on the victim to prove the injury and without a lawyer to back you up it could put your whole case at risk.
The medical malpractice lawyers of Dyer, Garofalo, Mann, & Schultz can help you through this difficult form of injury. However, you should come prepared with medical records of the injury that was done to you.
What should I do?
Next Steps after Malpractice
Speak with your doctor about the malpractice. Get an understanding of what went wrong and if they acknowledge that medical malpractice has happened.
Talking with your doctor about the medical malpractice could lead to them fixing the issue then or giving you evidence that it occurred.
Collecting evidence of your malpractice is extremely important. Because the burden of providing truth is on the victim, collecting convincing evidence is a must for a successful case.
- Admission of malpractice from your doctor
- Medical records that prove malpractice
- Any images, recordings, or records that show that malpractice had occured.
Most lawyers offer free consultations. If you believe that you’ve experienced medical malpractice you should contact a medical malpractice lawyer.
You only have so much time to file a lawsuit after malpractice (generally about 2 to 6 years). This doesn’t give you a lot of time to sit on a case before it expires. We recommend checking to see if you have a case within the first year.
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- Emergency room medical errors
- Delayed diagnosis of Heart Attacks
- Misdiagnosis or delayed diagnosis of Strokes
- Delayed diagnosis or misdiagnosis of Cancer
- Surgical mistakes
- Medication or anesthesia errors
- Birth injuries and Cerebral Palsy
- Delayed diagnosis of Pulmonary Embolism
- Hospital negligence
- You had a doctor-patient relationship with the doctor
- That the doctor acted negligently
- That this negligence caused your injury
- There was a failure to properly diagnose
- Your Injury led to damages
- There was a failure to warn the patient of risks
The statute of limitations in Ohio for Medical Malpractice in Ohio is 1 year.
This begins after 1 of 3 things happens:
1. When the injury was/should have been discovered
2. The doctor/patient relationship (as it pertains to the injury) ends
3. You discover that you have an injury due to medical malpractice
There are a couple options to extend the statute of limitations for medical malpractice in Ohio, however. Your first option is to send a notice to your doctor about your claim within your 1 year statutory period, which gives you another 180 days after your doctor received the notice. Your second option is to file a “Rule 41(a) Dismissal,” that allows you to dismiss your case and refile it within 1 year. You can only do this second option one time however.
In Ohio there is also a Statute of Repose which is a little different from the Statute of Limitations on medical malpractice in that it is the time after an injury has occurred that you lose the right to sue. This Statute of Repose states that after 4 years you are no longer able to sue with a medical malpractice lawyer even if you just discovered it 4 years later. There are only two exceptions to this rule. One, that you discovered you were the victim of medical malpractice in year 3 and thus have another year to file a claim or you discover that a foreign object was left in your body during a surgery (statute of repose does not apply to this situation).