Practice area

Medical Malpractice


The medical malpractice attorney at Cowan and Hilgeman believe those that have suffered serious injury due to medical negligence deserve to be significantly compensated for their injuries.

Click to Call


What Our Medical Malpractice attorney Can Do For You

Often times medical malpractice results in catastrophic injury or even death. We are committed to results. Cowan and Hilgeman offers free medical malpractice case evaluations to all clients. If we do not win your case and recover compensation, you do not pay an attorney fee.

Is Medical Malpractice Common?

John Hopkins University School of Medicine estimated that medical errors resulting in wrongful death are the third leading cause of death (250,000) annually in the United States (1). With 37 million admissions in the United States each year, this equates to approximately 15 million harm events annually – or 40,000 incidents of harm in U.S. hospitals every day (2).

Experienced Medical Malpractice Attorney

The medical malpractice attorney at Cowan and Hilgeman understand the complexity of medical malpractice related injuries and have the experience necessary to investigate your claim, coordinate with potential experts and present your case. Cowan & Hilgeman offer free case evaluations and handle many types of medical malpractice cases. 

Birth Injuries

  • Brain Damage
  • Cerebral Palsy
  • Erb’s Palsy
  • Fetal Death / Newborn Death
  • Oxygen Deprivation
  • Preventable Birth Defects
  • Spinal Cord Injuries

Hospital and Surgical Errors

  • Incorrect Diagnosis and Emergency Room Errors
  • Improper Administration of Anesthesia
  • Inappropriate Post-Operative Care
  • Organ Laceration, Perforation and Puncture
  • Surgical Instruments Left in Body

Pharmaceutical and Prescription Errors

  • Pharmacy & Hospital Dispensary Errors
  • Failure to Warn or Risk
  • Overdose and Inadequate Dose
  • Allergic Reactions

Medical Malpractice Attorney Dayton OH

When a licensed healthcare professional acts negligently, causing injury or death to a patient, that patient or their loved ones may be entitled to collect damages.

When a medical provider fails to follow procedure or performs an operation they should not have, this could be a case of medical malpractice.

Speak with an experienced, aggressive medical malpractice attorney today, to see if you are entitled to compensation for your injuries.

How Our Attorneys Can Help Following Medical Malpractice

Undergoing medical malpractice can be a life-altering event, requiring help from a Dayton OH medical malpractice attorney. When you place your trust in medical professionals to provide proper care, and they fail to meet the expected standard, the consequences can be severe. If you or a loved one have been a victim of medical malpractice, seeking the guidance of a skilled attorney is essential. An experienced medical malpractice attorney can play a crucial role in helping you pursue justice and fair compensation. Here are five ways an attorney can assist you following a medical malpractice incident:

1. Understanding the Complexity of Medical Malpractice Laws

Any legal issue can be complex and challenging and medical malpractice is no exception. An experienced attorney specialized in medical malpractice cases possesses the knowledge and expertise to navigate through intricate medical records, interpret complex medical terminology, and identify potential negligence. They can help you comprehend your legal rights and options, making sure you understand the best course of action for your unique case.

2. Investigating the Incident and Gathering Evidence

A Dayton medical malpractice attorney can help with gathering evidence and investigating your case.. Attorneys have the resources and connections to conduct thorough investigations into the incident, obtaining medical records, expert opinions, and other evidence critical to building a strong case. They work with medical experts who can provide insight into the standard of care expected in your specific situation and testify on your behalf.

3. Negotiating with Insurance Companies

Insurance companies may try to avoid paying their fair share in a medical malpractice case. Having an attorney by your side can level the playing field. Your attorney will handle all communication and negotiation with the insurance company, ensuring your rights are protected, and you receive fair compensation for the damages you have suffered.

4. Calculating Damages and Ensuring Fair Compensation

Medical malpractice can lead to extensive damages, including medical expenses, lost wages, pain and suffering, and long-term disability. An experienced attorney can accurately assess the full extent of your damages and losses, ensuring that you seek fair compensation for the harm caused. They can also help you understand what types of damages you may be eligible for under the law.

5. Taking Your Case to Trial

Generally, an attorney will aim to settle your medical malpractice case outside the courtroom but they should be prepared to take your case to trial if necessary for a fair settlement. They will advocate for you in court, presenting compelling arguments and evidence to demonstrate the medical professional’s negligence and the impact it has had on your life.


Recognizing Medical Malpractice and Protecting Your Rights

Medical malpractice can result when a healthcare professional does not provide an acceptable standard of care to their patient, causing them harm or injury. Recognizing the signs of potential medical malpractice is crucial in protecting your rights and seeking appropriate legal recourse. In this article, we will highlight four signs that may indicate you have a medical malpractice claim. Remember, consulting with an attorney specializing in medical malpractice is essential for evaluating the merits of your case and guiding you through the legal process.

Unusual or Worsening Symptoms

If you are experiencing unexpected or worsening symptoms after receiving medical treatment, it could be an indication of medical malpractice. A wrong diagnosis or delayed diagnosis can result in a much worse condition. It’s important to note that not all negative outcomes are necessarily the result of malpractice, but if you suspect that the healthcare professional’s negligence caused your deteriorating health, it’s crucial to consult an attorney for a thorough evaluation.

Lack of Informed Consent

Informed consent is a vital aspect of medical care, as it ensures that patients have a clear understanding of the risks, benefits, and potential alternatives associated with a particular treatment or procedure. If you were not adequately informed about the potential risks and side effects of a medical intervention, or if you were pressured into a treatment without proper disclosure, you may have grounds for a medical malpractice claim. Consent violations can happen across many medical scenarios, such as during surgery and administration of medications.

Medical Errors and Negligence

Medical professionals are expected to adhere to a certain standard of care while treating patients. As a Dayton medical malpractice lawyer can explain, if a healthcare provider’s actions do not align with the accepted standard of care, it can constitute medical negligence. Medical errors can include misdiagnosis, surgical errors, medication mistakes, improper anesthesia administration, birth injuries, and more. If you have evidence suggesting that a medical professional’s negligence directly caused harm or injury, it’s important to consult an attorney who can help assess the strength of your case.

Lack of Documentation and Communication

It is essential for medical professionals to create clear and accurate documents. If your medical records lack important information or if there are discrepancies in the documentation, it can hinder your diagnosis and treatment. Poor communication between healthcare professionals, such as failures to relay crucial information or to consult with specialists, can contribute to medical errors and negatively impact patient outcomes. If you suspect that inadequate documentation or communication led to your injury or worsened condition, it may be worth exploring a medical malpractice claim.

Recognizing the signs of potential medical malpractice is the first step toward protecting your rights as a patient. If you experience unusual symptoms, lack informed consent, notice medical errors and negligence, or identify issues with documentation and communication, it’s crucial to consult an experienced attorney specializing in medical malpractice. They can evaluate the specifics of your case, help you gather evidence, and guide you through the legal process to seek the compensation and justice you deserve. Remember, each case is unique, so it’s essential to consult with legal professionals who can provide personalized advice based on your circumstances. For more information about what a Dayton medical malpractice lawyer from Cowan & Hilgeman can do for you, set up a consultation right away so that they can give you assistance with your claim. 

From the Blog

How Much Time do I Have to File a Nursing Home Personal Injury Claim in the State of Ohio?

How Much Time do I Have to File a Nursing Home Personal Injury Claim in the State of Ohio?

From the moment you or someone you love is injured in a nursing home, the clock starts running on how long you have to file a claim. In Ohio, the Statute of Limitations for a nursing home negligence or injury claim is generally 1 year. If you fail to file suit within that time frame, the defendant (the person you’re trying to sue) will almost...

What To Do If You Are Bitten By a Dog in Ohio

What To Do If You Are Bitten By a Dog in Ohio

Over 38% of all households in the United States own at least one dog. Unfortunately, such a close relationship with 'Man's Best Friend' also leads to an enormous number of bites - over 4.7 million per year. While most dog bites are insignificant, over 20% of those bites require medical treatment. Due to the many types of harmful bacteria found in...

10 Signs of Nursing Home Abuse or Neglect

10 Signs of Nursing Home Abuse or Neglect

The decision to place your loved one in a nursing home is often an enormously emotional one. You are trusting perfect strangers with the care and well-being of an important family member, hoping that trained nursing staff can provide them with the best quality of life possible. Thoroughly researching care facilities can reduce the chance that...

Ohio Nursing Home Complaints

Ohio Nursing Home Complaints

In a recent article written by Brandon Klein, Daily Reporter Staff Writer, for the July 12th, 2019 Issue of the Daily Court Reporter, Vol. 148-No.11, Ohio Ranked 21st in the country for nursing home complaints. Mr. Klein’s article, in its entirety, is provided below: A new analysis shows that Ohio’s nursing homes are in the middle of the pack...

My family member got a bed sore (pressure ulcer) in a nursing home – what now?

My family member got a bed sore (pressure ulcer) in a nursing home – what now?

Nursing home negligence and long-term care negligence can be seen in many forms. Unfortunately, victims of nursing home negligence and long-term care negligence are often unable to care for themselves. As family members of the aging population, we trust that nursing homes and long-term care facilities can properly care for our elderly family...

practice areas

What We Can Do For You

Our personal injury lawyers have recovered millions of dollars for satisfied clients and often take cases other firms routinely reject. We are committed to results and take an individual approach to each case. One size does not fit all!

Client Review

"I can not thank Mr. Jack R. Hilgeman, Michelle and Amy. For taking my case.. Their professionalism and kindness was so appreciated. From the first visit I just knew I could trust that my case was in good hands. Many thanks to them. God bless them."
Janet Osborne-Hicks
Client Review

Meet attorney

Jack R. Hilgeman

Attorney, Jack R. Hilgeman, represents those injured due to the negligence of others.  Mr. Hilgeman has recovered millions in compensation on behalf of his clients and been recognized by national publications as a leader in Ohio personal injury law.  He consistently receives awards for outstanding client satisfaction. 

Mr. Hilgeman’s practice is limited to helping those harmed due to personal injury, medical malpractice, nursing home abuse and neglect, product liability and wrongful death.  Mr. Hilgeman takes all cases on a contingency fee, meaning that the client must pay an attorney fee only if a judgment or settlement is obtained.  Clients only pay a fee if compensation is recovered in their case.   

We pride ourselves on client satisfaction and strive to fully explain:

  • All Compensation Available Under Ohio Law
  • Medical Bills – Who Pays and How to Get Them Paid
  • Lost Wage Repayment
  • Out-of-Pocket Cost Reimbursement
    • Collection of Medical Records and Bills
    • Value of Pain and Suffering
    • Expert Reports
    • Property Damage Repairs and Diminished Value Claims

    Get In Touch

      12 W. Monument Ave., Suite 100
      Dayton, OH 45402

      New Clients: (937) 729-0000
      Existing Clients: (937) 222-2030