Justice For Victims Of Medical Malpractice
Our Dayton, OH medical malpractice lawyer knows that if you were treated for an injury or illness, then you reasonably anticipate healing. But for some patients, this isn’t always the case. Unfortunately, doctors and medical staff are still people and may commit a serious accident that leads to patient harm or death. If you suspect that you or someone you love was the victim of medical malpractice at the hands of a doctor, nurse, medical facility, or other related parties, then contact our law office now for further advice. Contact our team at Cowan & Hilgeman today to schedule a free consultation.
Table of Contents
- Justice For Victims Of Medical Malpractice
- Reasons To Pursue A Medical Malpractice Case
- Dayton Medical Malpractice Laws
- Dayton Medical Malpractice Infographic
- Dayton Medical Malpractice Statistics
- Medical Malpractice FAQs
- Cowan & Hilgeman, Dayton Medical Malpractice Lawyers
- Contact Our Firm Today
Initial Steps To Take Following Medical Malpractice
There are some crucial steps you should take following negligent and or mistreatment from your healthcare provider, including switching medical providers immediately, obtaining a copy of your medical records, recording as much information as you can, continuing to seek medical attention, and consulting with an experienced attorney.
Not only can switching providers prevent any future negligence from your doctor, but it can help you avoid consequences if your doctor finds out you’re thinking of filing a medical malpractice claim. They may try to alter your medical records such as minimizing certain elements. Obtaining a copy of your medical records can help you expedite the process and prevent any future tampering or alterations. Along with your medical records, record any vital information about your case. You can keep a journal handy that can help you recall any procedures, information given to you by your doctor/other staff, and your current condition.
Although you might be traumatized following the incident, understand that medical malpractice cases are very rare. Additionally, you should never neglect any medical treatments. For peace of mind, try to get a referral from a trusted source. Also, while you shouldn’t openly talk about the case with your new doctor, you can record any information given to you by your medical provider that may help your case. Lastly, having an attorney by your side is recommended. You will want to do so sooner than later as the statute of limitations in Ohio for malpractice is a year.
Stages In A Medical Malpractice Case
After meeting with an experienced attorney, medical malpractice cases follow five stages: investigation, tribunal, discovery, settlement, and trial.
During the investigation stage, your lawyer will pour over all the available evidence and obtain more if necessary. The information they will investigate the most includes hospital, doctor, and nurses’ records. They will also contact one or more medical experts to review the documents as well, looking for any negligence or foul play. After the expert writes a letter in support of the case, the lawyer will file a case and a tribunal will be held.
A tribunal will consist of an attorney, a judge, and a physician. All parties will listen to the arguments presented and determine if there’s enough of a reasonable cause for the case to proceed further. During the discovery stage, both parties representing the defendant and plaintiff will have the opportunity to obtain any relevant information from each other. This may include medical records, testimonies, and other documents. The injured party may also be questioned by the doctor’s attorney under oath while the doctor themselves will be questioned by the plaintiff’s attorney.
Due to the time and money associated with a trial, both parties generally prefer to settle out of court. Additionally, a trial can have unexpected outcomes. However, if the settlement isn’t reasonable for the injured party then the case will proceed to court. If the case reaches court then both parties will argue their case and present their evidence. If the jury sides in favor of the plaintiff then the plaintiff will receive a court award, i.e. money for damages. Moreover, questions asked during the trial, will pertain to when the malpractice happened, the surgery that the trauma was based around and more, factors such as these help to refine the case, since not only is not every case black and white, but everyone deals with the trauma of anesthetic awareness in different ways.
Reasons To Pursue A Medical Malpractice Case
Examples of reasons why a patient and/or their family may pursue a medical malpractice lawsuit are listed below.
Mistakes During Surgery
Many issues can arise during a procedure or surgery. All it takes is a tool to not be sterilized, a doctor who is too tired to notice a crucial detail, or another oversight to be committed for a patient to suffer greatly. The wrong surgery or a procedure that went awry necessitates speaking with a lawyer to find out if you have grounds for a medical malpractice lawsuit. This is why in order to avoid this, it takes more than just having knowledge in the medical field. Instead, aspects pertaining to the individual’s medical history, history of smoking or heart problems and more, should also be looked at as well. For example, someone may have heart problems and need open-heart surgery.
This type of surgery would be even riskier to the individual, than if the same operation was done, to someone who did not have a major history of heart problems. These are some of the factors that need to be assessed in a setting, to avoid medical malpractice. Moreover, another strong example of medical malpractice would involve those who suffer from anesthetic awareness. This is when a patient is paralyzed during surgery, but they can still feel pain due to the anesthetics not being strong enough for the full effects to take place. This is a strong example of medical malpractice.
Neglect From Low Staffing
Many hospitals are currently understaffed. This is a growing problem that is impacting every area of the world. But, it is worth noting that this doesn’t mean a patient should suffer the consequences of understaffing. It is the responsibility of the hospital to hire qualified staff, and enough of them, so that their patients don’t go neglected. Sometimes if there is low staffing, neglect can happen, because the small amount of staff can get overworked, and when this happens, they may end up misreading stuff, they may fail to address things in as an efficient manner as they should, and more.
Lack Of Informed Consent
You may have signed a form prior to a procedure or surgery stating that you are aware of the risks involved and are choosing to move forward with it. It is the duty of the doctor to clearly and thoroughly explain what will happen during the surgery. Your doctor should ensure that you fully understand the risks, and then provide answers to any inquiries you have. If the surgery is underway, and the doctor failed to speak with you properly, it is considered a lack of informed consent.
Development Of New Symptoms
Determining whether new symptoms were caused because of medical malpractice can be difficult, but not impossible. Each new symptom after a treatment or procedure should be noted and brought up with the treating doctor. Depending on the situation, your lawyer may advise getting another doctor to correct and continue your care, as a way to prevent further mistakes from the prior physician.
Dayton Medical Malpractice Laws
If you have experienced medical malpractice, contact our OH medical malpractice lawyer today at Cowan & Hilgeman to learn what your legal rights are. Medical malpractice laws in Ohio like in many other states in the United States, aim to strike a balance between protecting patients’ rights and ensuring healthcare providers can continue to offer their services without fear of excessive litigation.
- Statute Of Limitations
In Ohio, the statute of limitations for medical malpractice cases is typically one year from the date of the alleged malpractice or one year from the date the patient discovers or reasonably should have discovered the injury. However, there's a maximum limit of four years from the date of the alleged malpractice, even if the injury wasn't immediately apparent. This means that plaintiffs have a limited timeframe to file their claims, emphasizing the importance of prompt action.
- Damage Cap
Ohio has enacted legislation that places a cap on non-economic damages in medical malpractice cases. In 2021, the cap was $250,000 or three times the economic damages, whichever is greater, up to a maximum of $350,000 per plaintiff and a total cap of $500,000 for multiple plaintiffs. This cap is designed to limit the amount of compensation patients can receive for non-tangible losses, such as pain and suffering.
- Witness Requirement
Ohio law requires plaintiffs in medical malpractice cases to provide a sworn affidavit from a qualified medical expert. This affidavit must state that there is a reasonable basis to believe that the defendant's healthcare provider deviated from the accepted standard of care and that this deviation caused the plaintiff's injuries. This requirement helps ensure that cases with merit move forward, discouraging frivolous lawsuits.
- Joint And Several Liability
Ohio employs a system of "modified joint and several liability" in medical malpractice cases. This means that if multiple parties are found liable for a patient's injuries, each defendant is responsible for their percentage of fault. However, in cases where a defendant is found more than 50% at fault, they may be held jointly and severally liable for the full amount of the damages. This rule aims to ensure that plaintiffs receive full compensation, even if one party is unable to pay.
- Pre-Suit Screening
Before filing a medical malpractice lawsuit with our medical malpractice lawyer. plaintiffs must generally submit their case to a pre-suit screening panel. This panel consists of three healthcare professionals who review the case and provide a non-binding opinion on whether malpractice occurred. While their opinion is not determinative, it can influence the parties’ decisions regarding settlement or litigation.
- Affidavit Of Merit
Alongside the expert witness affidavit, Ohio requires plaintiffs to submit an "affidavit of merit" signed by the attorney. This affidavit confirms that the attorney has consulted with a qualified medical expert who believes there is a legitimate basis for the lawsuit. This additional requirement is intended to further deter frivolous claims.
- Apology Laws
Ohio has an "apology law" that prevents certain statements of apology or sympathy made by healthcare providers from being used as evidence against them in a medical malpractice case. This law encourages open communication between healthcare providers and patients without fear of legal consequences.
- No-Fault Insurance
Ohio does not operate under a no-fault system for medical malpractice cases. Plaintiffs must prove that the healthcare provider's negligence directly caused their injuries.
- Insurance Requirements
Healthcare providers in Ohio are generally required to maintain liability insurance coverage to ensure that there are financial resources available to compensate patients in the event of malpractice.
Medical malpractice laws can change over time through legislative updates or court decisions. Therefore, individuals involved in or considering medical malpractice cases in Ohio should consult with a legal professional such as a Dayton medical malpractice lawyer today.
Dayton Medical Malpractice Infographic
Dayton Medical Malpractice Statistics
According to information released by the National Library of Medicine, death due to medical errors is the third leading cause of death behind cancer and heart disease; most medical errors can be broken down into categories of misdiagnosis, faulty processes, and communication errors. These errors can lead to injury and in serious cases, death. It can be difficult to come to terms with any idea that you or a loved one has been a victim of medical malpractice, but oftentimes the best course of action is to seek out professional help from a medical malpractice lawyer. They understand medical malpractice laws. If given the opportunity to listen to your specific situation they could be able to navigate the best course of action for you and your family whether you are dealing with injuries or the loss of a loved one.
Medical Malpractice FAQs
What Are Signs Medical Malpractice Has Happened To Me?
There are many signs that medical malpractice may have happened to you or a family member, such as an incorrect diagnosis, not being diagnosed at all, not being informed about treatment, being given the wrong medication, surgical error, incorrect treatment, birth injury, medical product defect, delayed diagnosis, care neglect, improper use of anesthesia, dentistry mistake, failing to prevent infection, and so much more. If you need to know if your situation constitutes medical malpractice, then we urge you to contact a lawyer now.
Why Is The Doctor Or Medical Facility Not Being Cooperative?
For most people, they want to put their trust and faith in doctors who treat them. After all, that’s a normal hope as medical professionals are supposed to provide a certain level of care. Sadly, a doctor or medical facility may go to great lengths to avoid paying that victim fairly for how much they have endured due to the mistake. If you find that your doctor or the hospital you were being treated at has suddenly fallen silent or become uncooperative, then that’s suspicious. If that is the case for you, we urge you to call us.
How Will I Know How Much My Case Is Worth?
We wish there was one answer for this, but that just isn’t the case. Each medical malpractice incident will vary from another since the people involved and the influencing factors are all different. How one person suffered compared to another, even if the medical error was the same, will be unique. It is advised that victims of medical malpractice recruit a legal team to do a case evaluation and calculate a potential monetary award for their situation specifically.
Who Can Serve As Witnesses For My Case?
For medical malpractice, there are a few key witnesses that can help your case. First, was there anyone present with you when the mistake happened? Do you have someone in your life who has seen the way you were affected by the medical mistake? Witnesses can be people who know you or aren’t personally close to you at all. For instance, your lawyer may suggest having a medical professional/expert serve as a witness to discuss how they would have provided you proper care and not committed the same mistake as your treating doctor.
Who May Be Liable For Medical Malpractice?
A common misconception about cases for medical malpractice is that responsibility falls onto doctors only. Virtually any type of licensed medical professional can commit a serious error or oversight that they are then held liable for. Examples of medical professionals who are not doctors but may still be included in a medical malpractice claim include nurses, hospital staff, assistants, dentists, anesthesiologists, surgeons, and more. More than just one of these medical professionals may have contributed to what happened. Your lawyer can investigate further and find out all the parties that you should list in your lawsuit.
What Scenarios Does Medical Malpractice Happen Most?
Medical malpractice can happen in many scenarios, all of which a medical professional has committed a mistake or used improper judgment. Scenarios where medical malpractice happens can include but are not limited to surgical errors, emergency room negligence, birth injuries, gynecological malpractice, medical errors, failure to diagnose cancer, brain injuries, failure to obtain necessary patient information, misdiagnosis or delayed diagnosis, and more. If you are not sure whether what happened to you constitutes medical malpractice, we can assess the situation and provide further guidance.
How Many Damages Am I Eligible To Receive?
A victim of medical malpractice may be entitled to different types of damages, such as compensatory and punitive. Compensatory damages may entail current and future medical costs, expenses for medical equipment, lost wages, extreme emotional duress, loss of enjoyment for life, loss of consortium, loss of future earning potential, home care expenses, and more. Punitive damages are awarded in rare cases but it does happen and may be used if the medical professional had acted with particularly reckless or intentional harmful behavior. Such damages are awarded as a way to punish the professional for their negligence and may be inflicted by the court if they feel it is necessary.
Is There a Statute of Limitations For Medical Malpractice?
There is a statute of limitations for every type of personal injury case and will vary depending on where you live. For this reason, many victims meet with their lawyer to learn more about what the laws are for their state and how this impacts their case. Your lawyer can be transparent about what the laws say and how this can change your case for the better or worse. Either way, your lawyer should be working hard to get your claim going quickly and with a strong foundation so that you dod not miss the statute of limitations for medical malpractice. It will also be important that you act right away, because the longer you wait, the less time you have to build a case.
Dayton Medical Malpractice Glossary
At Cowan & Hilgeman, we work with individuals and families facing the consequences of medical malpractice. As your Dayton, OH medical malpractice lawyer, we help patients understand their legal rights after an incident involving a healthcare provider. Below, we’ve provided definitions for several key legal terms that often come up during medical malpractice cases. These terms can help clarify what happens during different parts of the legal process and how claims are built.
Surgical Error Claims
Surgical error claims refer to legal actions filed when a patient experiences harm due to a mistake that occurred during a medical procedure. These claims can arise from situations such as the wrong procedure being performed, foreign objects left in the body, incorrect incisions, or anesthesia-related problems. In these cases, we examine the details of what happened in the operating room, including the actions of every individual involved. Whether a tool was improperly sterilized or a surgeon overlooked a critical step, a surgical error may provide grounds to pursue compensation. Each surgical error claim is reviewed based on specific patient circumstances and medical documentation.
Anesthesia Awareness Incidents
Anesthesia awareness refers to a rare but severe experience where a patient becomes conscious during surgery but cannot move or communicate due to muscle relaxants. While under general anesthesia, the patient may still feel pain or pressure, which can result in psychological trauma. Anesthesia awareness incidents are often included in medical malpractice cases when anesthesiologists fail to administer the correct dosage or monitor the patient appropriately. These claims involve detailed evaluations of anesthetic protocols, equipment use, and medical notes to determine where the error occurred and how it impacted the patient's experience during surgery.
Informed Consent Disputes
An informed consent dispute involves situations where a patient was not fully briefed on the nature, risks, or alternatives of a treatment or procedure before agreeing to it. The law requires that medical providers clearly communicate this information so patients can make decisions with a complete understanding of what the procedure entails. If a patient undergoes treatment without a thorough discussion of the risks, or if critical information was omitted, a claim may be pursued. Informed consent disputes often hinge on the quality and clarity of conversations between the provider and the patient prior to the procedure.
Hospital Staffing Failures
Hospital staffing failures occur when there are not enough qualified medical professionals available to provide appropriate care. These failures may include long delays in treatment, overlooked symptoms, or incomplete documentation due to staff shortages or burnout. A medical malpractice claim may be filed when a patient’s condition worsens as a direct result of inadequate staff availability. We assess patient records, staffing logs, and timelines to determine whether the facility failed to maintain acceptable standards for care and patient monitoring. Even in understaffed environments, facilities are responsible for maintaining safety and care protocols.
Post-Treatment Symptom Claims
Post-treatment symptom claims focus on new or worsening conditions that arise shortly after a medical procedure or diagnosis. These cases examine whether the symptoms are a result of improper treatment, delayed diagnosis, or an unresolved medical issue caused by previous care. Patients who experience unexpected health changes often work with our team to determine if those symptoms could be tied to a provider's earlier actions. Records, timelines, and second opinions from independent doctors can support claims that link the symptoms to medical malpractice.
If you believe a provider caused harm during your medical treatment, we encourage you to contact Cowan & Hilgeman to discuss your situation. Our Dayton, OH medical malpractice lawyer team is ready to help you review your legal options in a free consultation.
Cowan & Hilgeman - Dayton Medical Malpractice Law Firm
Dayton, OH 45402
Contact Our Dayton Medical Malpractice Lawyer Today
There are many instances in which you should seek out a medical malpractice lawyer such as mistreatment that leads to death, lack of communication, surgery complications, neglect caused by low staffing, and misdiagnosis. Surgical mistakes can be common and if you suspect that one occurred then contact a lawyer immediately. In nursing homes, low staffing could become a significant factor as to why a patient hasn’t received the care they deserve. If there are indications that you or your loved one has been neglected due to low staffing, you should contact a lawyer. A misdiagnosis can result in debilitating and harmful effects. Unfortunately, misdiagnosis can occur 10 to 20 times more often than drug errors. If you believe you or a loved one has been misdiagnosed then seek help from a lawyer.
We offer live call answering 24/7. If you have been the victim of medical malpractice, contact our team at Cowan & Hilgeman to speak with our Dayton medical malpractice lawyer today to schedule your consultation.
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