Last updated on November 21st, 2023
Doctors usually have your best interests at heart. They try to find the course of treatment that’s right for your condition and goals. Of course, doctors can make mistakes just like everyone else. Here’s all you need to know about how an Ohio medical malpractice lawyer can help you.
Medicine is a complicated field; that’s why doctors have to attend so many years of school. It’s often difficult to make the right medical decisions, especially in a high-pressure situation. Sometimes doctors are overworked and exhausted and make errors. Sometimes, the mistake isn’t so innocent – maybe the doctor has ties to a pharmaceutical company that motivates him/her to choose treatment options that aren’t the best for you. Unfortunately, a doctor’s error can have serious consequences for your health. If a doctor’s mistake harmed you, you may be entitled to compensation.
Medical negligence occurs when medical providers fail to fulfill their professional obligations. It can also arise when a healthcare provider deviates from the standard of care prescribed in the profession and causes an injury to a patient.
Medical negligence cases are complex, with a high burden of proof, which explains why they generally take longer to settle.
Even so, medical negligence plays a crucial role in highlighting and holding dangerous health malpractice into account.
A personal injury attorney must demonstrate the following aspects for a medical negligence claim to succeed:
First, the victim must prove that there was a relationship between a healthcare provider and a patient or a medical practitioner and a patient. Establishing a patient-healthcare provider relationship confirms that they owe you a duty of care during treatment.
Evidence of duty of care could be as minimal as medical records. If a patient sustains an injury due to inaction or action, the medical provider is deemed to have breached that duty of care and could be liable for damages.
It is a direct action or inaction by a healthcare professional that causes harm or injury to a patient in their care. Examples of such actions include misdiagnosis, operating a wrong body part, or causing an avoidable disfigurement.
Dereliction occurs when a medical professional accidentally or deliberately fails to follow the established professional standards, causing the patient to suffer an injury—for instance, a patient with an infection or a complication due to unhygienic treatment conditions.
Healthcare providers sometimes refer to dereliction as deviation from acceptable standards of care.
Victims of medical negligence should also prove that they suffered physical, psychological, or financial damages related to the injury.
According to a recent Johns Hopkins study, patient safety experts estimate that at least 250,000 people die each year due to medical errors in the United States. As such, medical malpractice is the third cause of death in the country, surpassing respiratory illnesses, which kill 150,000 people.
Although death is the hallmark of medical errors, victims may also endure complications, injuries, and severe infections. If you believe you’re a victim of medical malpractice, consult an experienced medical malpractice attorney about your legal options.
Here are the common types of medical malpractice:
A surgeon has a duty of care to your health and your life. They’re, therefore, medically and professionally responsible when operating on your body. Unfortunately, some surgeons are negligent and may cause severe injuries.
A surgical error violates the standard duty of care, and here are some common surgical errors:
If a doctor takes too much time to diagnose a problem, it might be too late to fix it. Delayed diagnosis means a medical professional failed to make a diagnosis or struggled to establish the cause of a condition.
Unfortunately, delayed diagnosis means the doctor won’t take timely intervention, which may worsen the condition. A patient must prove that the doctor’s diagnosis was less competent than it should have been to receive compensation.
Delayed diagnosis may qualify as medical malpractice if the doctor’s initial diagnostic assessment falls below the standard of care. For instance, a doctor who fails to order a diagnostic test or inaccurately interprets an image scan may qualify as malpractice when a patient sustains injury or harm.
Although welcoming a baby is one of the most cherished moments, sometimes healthcare professionals are negligent and cause birth injuries. Unfortunately, birth injuries can cause a mother’s or baby’s death.
Examples of medical malpractice that causes birth injuries include:
Doctors use medication as part of the treatment plan. Unfortunately, a healthcare provider may order the wrong prescription, which can be a source of severe side effects or complications. For instance, a medication error can cause a drug interaction with a medicine that you’re already taking.
Some drug interactions make the treatment plan less effective. In other instances, drug interactions are potentially dangerous. For example, if you have hypertension, taking cold medications containing decongestants exposes you to a risk of high blood pressure.
You’ll need to prove negligence in the prescription process, whether written or filled, to obtain compensation due to medication errors.
Medical negligence, also known as medical malpractice, occurs when a healthcare professional fails to provide treatment that meets the standard of care. This failure harms the patient as a result. Some of the reasons medical negligence occurs include the following:
Informed consent is when healthcare providers disclose relevant information about proposed treatments or procedures to patients, enabling them to make informed decisions about their care. Suppose the doctor didn’t properly inform you about a proposed treatment or procedure’s risks, benefits, and alternatives. They deprived you of the opportunity to provide voluntary and informed consent. That could give you grounds to sue for failure to obtain informed consent.
Inadequate monitoring or follow-up after medical procedures or treatments can result in complications going unnoticed or untreated, leading to adverse outcomes. Examples may include failure to monitor vital signs, neglecting to perform necessary diagnostic tests, or not scheduling appropriate follow-up appointments to assess the patient’s progress or response to treatment.
Communication breakdowns among healthcare providers, between healthcare providers and patients, or between different healthcare settings (e.g., hospitals, primary care offices, specialty clinics) can contribute to medical errors. Poor communication can lead to misunderstandings, medication errors, treatment delays, and lapses in continuity of care, compromising patient safety.
In Ohio, like in many other states, medical malpractice cases are governed by the statute of limitations, which establishes the timeframe for filing a lawsuit after the alleged malpractice occurred. The following is a look at some of its most important components.
The statute of limitations for medical malpractice cases in Ohio is generally one year from the date of injury or the date you or a medical professional discover the injury, whichever comes first. However, it’s crucial to note that the statute of limitations can’t exceed four years from the date of the alleged malpractice, regardless of when the injury was discovered. This four-year limit is often called the “statute of repose.”
Ohio follows the “discovery rule,” which means that the statute of limitations begins to run when you discover, or reasonably should have discovered, your injury or its connection to the alleged malpractice. This rule is fundamental in cases where you didn’t immediately know about the injury or the healthcare provider’s negligence.
There are several exceptions to the statute of limitations in Ohio medical malpractice cases. Here are just a few:
Victims of medical malpractice face extensive physical suffering, with others enduring long-lasting emotional trauma. When you factor in emotional trauma and lost wages, it is clear why a single malpractice incident can be a huge and lifelong setback.
However, you can mitigate these consequences if you file a lawsuit that results in compensation. Most victims find navigating the murky waters of medical negligence claims frustrating.
Here’s a simple guide to creating an understanding of the different types of settlements available in medical malpractice settlements:
Economic damages refer to direct costs that arise as a result of the injury. If a clear price tag can be attached or estimated to a given concern, it falls in the economic damages label.
Examples of economic damages include:
It is a form of compensation for non-financial losses you experience due to the injury. Non-economic damage caters to injuries where it is impossible to attach a specific receipt.
There are different forms of non-economic damages you can receive compensation depending on your situation, including:
The court may seek to punish the offenders if medical malpractice involves risky behavior or malicious intent. The role of punitive damages is to prevent a future reoccurrence of the issue.
If you have any reason to believe you might have a medical malpractice case, contact a Dyer, Garofalo, Mann & Schultz attorney immediately. Some of the factors determining whether or not you have grounds for a lawsuit include:
One of the key elements of a medical malpractice case is proving that the healthcare professional (or professionals) who treated you failed to follow the accepted standard of care. The standard of care refers to the level of care and skill that a reasonably competent healthcare professional in the same specialty would have provided under similar circumstances. If you believe your provider’s actions fell below this standard, you may have grounds for a malpractice claim.
To pursue a medical malpractice case, you must have suffered harm or injury due to the healthcare provider’s actions or negligence. This harm can take various forms, including physical injuries, emotional distress, worsening of a medical condition, or financial losses resulting from additional medical expenses or lost wages. Documenting the extent of your injuries and their impact on your life is essential for building a strong case.
Establishing a direct causal link between the negligence and your injuries is also crucial for a successful malpractice claim. You must demonstrate that the provider’s actions or omissions directly contributed to or caused your harm. This requires evidence showing your injury would not have happened (or would have been less severe) had the provider adhered to the standard of care.
Medical malpractice cases often rely on expert testimony to establish the standard of care and demonstrate how the healthcare provider’s actions failed to uphold this standard. Your lawyer will consult with a qualified medical expert in the relevant specialty. This consultation is essential for evaluating the merits of your case and determining whether the healthcare professional committed negligence. An expert can review your medical records, assess the care you received, and provide an opinion on whether malpractice occurred.
Thoroughly reviewing your medical records is crucial for identifying potential instances of malpractice. Your Dyer, Garofalo, Mann & Schultz lawyer will look for discrepancies, errors, or omissions in your treatment. They’ll also look for documentation of any adverse outcomes or complications. Medical records can provide valuable evidence to support your case and establish the sequence of events leading to your injury.
Suffering from medical malpractice is a horrible situation. Not only are you in pain, but you’re likely also outraged. However, try to stay calm and take the steps needed to protect your rights to seek the justice – and compensation – you deserve.
Here’s a brief look at some of the things you should do if you’re a victim of medical malpractice.
If you experience harm or complications due to negligent medical treatment, see another doctor for your injuries. Your health and well-being should always be the top priority. Follow the recommendations of healthcare professionals regarding treatment and follow-up care.
Keep detailed records of your medical treatment, including dates of appointments, procedures performed, medications prescribed, and any symptoms or complications you experienced. Request copies of your medical records from the healthcare provider or facility where the malpractice occurred. Documenting your experience will help provide a clear timeline of events and serve as valuable evidence for your case.
It’s essential to seek legal guidance from an experienced medical malpractice attorney with Dyer, Garofalo, Mann & Schultz as soon as possible. One of our knowledgeable attorneys can evaluate the merits of your case, review your medical records, and advise you on your legal rights and options. We can also guide you through filing a medical malpractice claim and pursue fair compensation from everyone who played a role in causing your injuries and losses.
Dealing with the aftermath of medical malpractice can be emotionally and physically taxing. Take care of yourself by seeking support from loved ones, joining support groups for medical malpractice survivors, and prioritizing self-care activities such as exercise, relaxation techniques, and pursuing the hobbies you love.
Medical malpractice is complex because medical professionals are human and are bound to make mistakes. However, hiring a medical malpractice attorney can help you get compensation to aid your recovery from the injury.
Working with an attorney can help your case in the following ways:
It is easier to process a medical malpractice claim with an understanding of the case. Fortunately, a medical malpractice attorney is highly knowledgeable and experienced in medical negligence.
An attorney will, therefore, evaluate case factors, including the nature of the injury, quality of life lost, cost of follow-up treatment, and loss of income.
Whether dealing with a health center or an insurance firm, your medical malpractice attorney will fight for the most desired outcome. The attorney will apply tried and tested strategies when dealing with an insurer or an at-fault party to obtain a fair settlement amount.
A medical malpractice attorney is an intermediary between the insurance company, medical professionals, and you. It may also be difficult to process a medical malpractice claim while dealing with the pain of an injury or loss of a loved one, highlighting the need to hire an attorney.
The attorneys at Dyer, Garofalo, Mann & Schultz have years of experience dealing with medical malpractice suits. We understand that medical troubles are frightening and overwhelming. We realize the pressure that a growing pile of medical bills puts on you. We know that money can’t undo your suffering, but it can at least alleviate the stress of paying for your treatment. We’ll fight to ensure you’re fairly compensated if a doctor mishandles your treatment. We work on a contingent fee basis so you won’t have to pay a penny out of pocket – the consultation is free and we won’t get paid unless you win your case.
Please, contact us online to speak to one Ohio medical malpractice lawyer about your case to start right away.
Check other Topics:
Slip and Fall Cases
Burn Injuries
Boat Accidents
Dog Bites
Spinal Cord Injury
Amusement Park Accidents
Before establishing Dyer, Garofalo, Mann & Schultz L.P.A., Doug Mann, a top Ohio Injury Attorney served as a bodily injury claims adjuster at a major insurance firm. With over 40+ years of experience, Doug’s background has proven invaluable in securing maximum cash settlements for his clients swiftly. Since leaving the insurance industry, Doug has devoted his entire legal career to assisting injured clients during their times of greatest need.
Our law firm handles legal matters ranging from car accidents to workplace injuries, to national defective drug lawsuits. Any personal injury attorney from our team can help clients across Indiana, Kentucky, and Ohio.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Doug Mann who has more than 20 years of legal experience as a practicing personal injury attorney.
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