If your condition or injury worsened, or you suffered a new injury and believe it is because your doctor made a mistake or failed to take care of you as well as they should have, call an Ohio medical malpractice lawyer at Kademenos, Wisehart, Hines, Dolyk & Zeiher Co. LPA. Our medical malpractice attorneys have decades of experience analyzing and litigating medical negligence claims. We fight to hold negligence doctors and dentists responsible for the harm they cause and to win just compensation for our clients.
To talk with us about how we can guide you through a medical malpractice case in Ohio, contact us through our online form or call (419) 625-7770.
Doctors are required by law to use the same ordinary skill, care, and diligence another physician would under the same or similar circumstances. This standard of care is essential. Whether or not your medical provider adhered to this standard or breached it determines whether you have a valid medical malpractice claim.
Whether or not you endured a negative consequence is not the standard for when you have a medical malpractice claim. Side effects and other negative consequences are possible even from appropriate medical care. You may have received the best possible treatments and still endured a serious side effect or saw no measurable improvement in your condition. This outcome does not mean you can file a medical malpractice suit.
You must be able to establish that your injury or worsening condition is the result of your medical provider not adhering to their professional duty of care, and one of our Ohio medical malpractice lawyers can help.
We carefully review medical cases in regard to Ohio’s standard of care for physicians and offer our advice as to whether patients have a valid legal claim, and if so, the potential value of that claim.
To win compensation during a medical malpractice claim, you must prove by a preponderance of the evidence:
The defendant medical provider’s conduct caused you harm.
At Kademenos, Wisehart, Hines, Dolyk & Zeiher Co. LPA, we work closely with medical negligence victims to pursue their rightful claims against the physician, medical providers, or facilities responsible for their injuries.
The first step we take is to investigate the injury. We will work closely with you and your current physicians to review what happened to you. Our medical malpractice lawyers are experienced in reviewing medical records to determine the type and extent of the injury and to analyze whether you have a valid Ohio medical malpractice claim or not.
We will hire a medical expert. By working with one or more experts, we gain more definitive opinions on the type and extent of the injury you suffered as well as regarding the strength of your claim. A medical expert can help us determine whether your medical provider’s actions were negligent or grossly negligent.
The medical expert will provide an affidavit of merit, also known as a certificate of merit, which Ohio Rules of Civil Procedure 10(D)(2) require be included when a medical malpractice case is filed. The affidavit of merit states a medical expert reviewed your records, is familiar with the relevant standard of care, and has the opinion that your medical providers breached that standard of care and caused you harm.
Once we have investigated your claim, we will file your medical malpractice lawsuit. We are highly experienced in drafting these complaints. We will ensure all important information is included in the complaint, and that each relevant defendant is named in the lawsuit. The defendant(s) have 28 days to file an answer to the complaint. Typically, the defendant’s answer will be to deny the claims.
We will fully participate in discovery. We will use interrogatories, which are questions the defendants must answer. We will serve the defendants with requests for productions of documents, which require the defendants to provide certain documentation, either copies of paper records or electronic versions. The next phase of discovery is typically depositions. We will depose one or several people, such as the physician who caused your injury or other staff members at the medical facility. Depositions enable our medical malpractice lawyers to ask these individuals questions under oath but outside of court.
Following discovery, we may enter into settlement negotiations. At this point, both sides have all of the evidence they are likely to obtain and are aware of the strengths and weaknesses of their claims. Many medical providers and facilities will pursue a settlement to avoid a lengthy and costly trial. This can be an advantageous option, but only if you can reach an agreement for an amount that fairly covers your damages. Our lawyers are skilled negotiators, and if you wish to settle, we will strive to obtain you the maximum compensation possible.
Mediation might be requested. This is an alternative dispute resolution process during which the parties discuss the case and possible resolutions with the assistance of a mediator outside of court. Whether or not mediation is a good idea for your case depends on the circumstances.
While settlements are on-going, we never lose sight that your case may go to trial. We will participate in pre-trial preparations, including motion work. We may file various motions, asking the judge to make certain decisions before trial. We also will solidify our trial strategy regarding how we will prove your claims and seek the maximum compensation possible from the jury.
When you have a valid medical malpractice claim in Ohio, there are several types of economic and non-economic damages you can pursue. Damages are types of injuries you can be compensated for, including:
Ohio limits how much compensation you may receive for non-economic damages in a medical malpractice case, which include your pain and suffering. Non-economic damages are limited to whichever is greater: $250,000 or three times the amount of economic damages, up to $350,000 for each plaintiff or $500,000 for each occurrence.
However, did you suffer a catastrophic injury? If medical negligence caused you to endure a permanent and substantial deformity, loss of the use of a limb, loss of the use of an organ or system, or a permanent physical functional injury that prevents you from taking care of yourself, then the damage case is raised to $500,000 per plaintiff and $1 million per occurrence.
Every state places a limit on how long you have to file a medical malpractice lawsuit. This is known as a statute of limitations. In Ohio, the statute of limitations for medical malpractice claims is one year.
However, Ohio also has a statute of repose, which places a hard deadline on how long you have to file. You must file a medical malpractice claim within four years in Ohio to recover damages. There are some exceptions to the four-year rule. If you discovered your injury several years after the medical care, talk with a medical malpractice lawyer in Ohio right away.
If you are worried about how long you have, ask your medical malpractice attorney about a 180-day letter extension. If you send a letter to the health care provider within the one-year time limit, notifying the provider of your intention to bring a claim, you then have 180 days to file the lawsuit.
Do you believe your loved one’s death was the result of negligent medical care? Contact us right away if you believe a physician or nursing home’s negligence caused your loved one’s immediate death or contributed to a deteriorating condition that led to their early passing. We handle medical malpractice wrongful death cases similar to those that result in injuries. We thoroughly review the medical records and analyze whether a medical provider violated their duty of care. We will hire one or more medical experts and obtain an affidavit of merit.
The most significant difference between a medical malpractice case involving death instead of injuries is that there are not damage caps. Ohio law does not allow for damages to be limited in wrongful death cases.
Our medical malpractice lawyers at Kademenos, Wisehart, Hines, Dolyk & Zeiher Co. LPA have handled all types of medical negligence claims, including:
After you or a loved one suffers from poor medical care, you may not be sure of what to do or who to turn to. You may have a feeling you have a medical malpractice claim, yet not be entirely sure. Our seasoned attorneys at Kademenos, Wisehart, Hines, Dolyk & Zeiher Co. LPA are here to listen. During a free consultation, we will listen to your story and ask a few questions. If we believe you may have a medical malpractice case, we will ask you to sign a release so that we may obtain and review your medical records. Then we can go from there.
Contact us at (419) 625-7770 or through our online form today to schedule your case evaluation.