Do I Need a Medical Malpractice Lawyer?
How do you know if a doctor, nurse, or another health care provider did something wrong? Most people don’t. It takes people months to realize a provider’s actions were inappropriate. It takes time to understand your condition has worsened or you suffered a new injury.
Due to this fact, we recommend working with an experienced medical malpractice attorney. Our team evaluates medical malpractice claims. We understand Ohio’s standard of care and how it applies to various medical fields, from general practitioners to chiropractors and neurosurgeons.
Through an independent assessment, you’ll learn whether you can demand medical malpractice compensation.
How We Can Help
You may be confident that a doctor did something wrong. Or you may be suspicious of the care you or a loved one received.
Attorney Kyle Wright
Whatever your level of concern, give us a call. Attorney Kyle Wright and our team are here to help. Kyle is a sought-after attorney named one of Ohio Super Lawyer’s Rising Stars and is a member of the Million Dollar Advocates Forum and Multi-Million Dollar Advocates Forum.
Discussion of Ohio Law
We’ll begin by discussing Ohio’s medical malpractice law. There’s a difference between negligence and unfavorable outcomes. Medical mistakes and complications can arise without negligence.
Recruiting the Help of Experts
We’ll work with a highly respected and knowledgeable expert in the medical field. They’ll review your medical records and other evidence to determine if you have a strong claim. If you do, we’ll explain your options, the legal process, and how much your case may be worth.
Putting in the Work
You’re dealing with a lot right now. You may be ill, recovering from an injury, or mourning the loss of a loved one. Let us do the legwork when it comes to your medical malpractice case. We know the medical malpractice legal process and will guide you each step of the way.
Was it Medical Malpractice?
You may have a legal claim if a medical provider treated you without your informed consent or the provider’s conduct didn’t meet the standard of care. Side effects and other negative consequences wouldn’t be malpractice if your doctor’s actions were reasonable under the circumstances.
It’s challenging to tell the difference between a foreseeable complication and medical negligence. Work with a lawyer and medical expert to get a second opinion and determine whether your medical provider did something wrong.
Ohio’s Standard of Care for Medical Providers
Licensed health care providers in Ohio must treat their patients with the same skill, care, and diligence another provider would use under the same or similar circumstances. In other words, how one cardiologist in Sandusky, Ohio, treats a patient should be similar to how another cardiologist would treat a patient under similar circumstances.
Elements of a Medical Malpractice Claim
When you bring a medical malpractice claim, it’s your responsibility to prove the medical provider was wrong and you were hurt. It’s a tough process for anyone.
To win compensation, you must prove:
The Medical Provider Owed You a Duty of Care
You must establish a doctor-patient relationship or an emergency, like if paramedics rushed you to an ER after a car crash.
The Provider’s Standard of Care
The physician should have used the same ordinary skill, care, and diligence as another member of their profession would have under the circumstances.
The Provider Breached That Standard
The evidence must show the provider didn’t do something they should have or did something they shouldn’t have.
You Suffered an Injury
The evidence shows the provider’s conduct caused you harm that they can compensate you for.
Types of Medical Malpractice
Was your experience medical malpractice? Was a loved one’s death due to a medical provider’s negligence? It’s important to understand the common forms of malpractice.
Forms of malpractice include:
- Birth injuries
- Misdiagnosis/delayed diagnosis
- Failure to treat
- Surgical errors
- Anesthesia errors
- Medication/prescription errors
- Pharmaceutical errors
- Hospital-acquired infections
- Defective medical devices
- Wrongful death
Potential Compensation for Medical Malpractice
Depending on your injuries, you may receive compensation for various physical, emotional, and financial injuries.
Damages may include:
- Medical costs
- Lost wages
- Pain and suffering
- Emotional distress
- Loss of consortium
- Punitive damages
Ohio limits how much you can receive for non-economic damages in medical malpractice cases. Non-economic damages include your pain and suffering and emotional distress.
They’re limited to whichever is greater: $250,000 or three times the total of economic damages, up to $350,000 for each plaintiff or $500,000 for each occurrence.
There’s an exception. The damage cap is raised to $500,000 per plaintiff and $1 million per occurrence if medical negligence caused a:
- Permanent and substantial deformity
- Loss of the use of a limb
- Loss of the use of an organ or system
- Permanent physical functional injury that prevents you from taking care of yourself
Depending on the facts of your case, you may be able to recover compensation for:
- Medical Costs
- Lost Wages
- Pain and Suffering
- Loss of Consortium
- Punitive Damages
Punitive damages are not compensatory damages. They don’t repay you for an injury. Instead, courts award punitive damages when the at-fault party’s actions are particularly egregious. These damages are meant to punish the wrongdoer and prevent them from acting that way again in the future.