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Were you or a loved one injured by medical negligence or error? Our Cincinnati medical malpractice attorneys are here to help after an act of medical negligence. Contact Kisling, Nestico & Redick (KNR) or call 513-221-0499 for a free consultation.
Do You Suspect Medical Malpractice in Cincinnati?
You trust your doctors, nurses, and pharmacists. When a medical provider does something wrong and hurts you, it’s time to consult a Cincinnati medical malpractice lawyer.
At Kisling, Nestico & Redick, our personal injury lawyers realize you may not be sure what is considered medical malpractice. Sometimes, a medical mistake is apparent. More commonly, it takes weeks or months to know you have been misdiagnosed or suffered in some other way.
Complications vs. Malpractice
A problematic side effect, complication, or poor outcome isn’t always malpractice.
Doctors at large Cincinnati hospitals like Good Samaritan or University of Cincinnati Medical Center make judgment calls all the time. They do their best to diagnose and treat you. Unfortunately, everyone makes a mistake, and these mistakes aren’t always malpractice.
If your doctor’s decisions were reasonable based on their education, training, and experience, it isn’t medical negligence.
What is Medical Malpractice?
If a mistake isn’t always medical malpractice, then what is malpractice?
Medical negligence happens when a medical provider’s actions aren’t similar to what another provider reasonably would have done under similar circumstances. Malpractice is any deviation from what is considered acceptable medical practices.
It can be hard to tell when something is a complication versus negligence. If you or a loved one is suffering and you think a medical error is to blame, talk with a Cincinnati medical malpractice lawyer as soon as possible.
A medical malpractice attorney and an impartial medical expert will review your records, then recommend what to do next. If the expert finds your provider’s actions weren’t reasonable, they may support filing a medical malpractice lawsuit.
Types of Medical Malpractice
According to Johns Hopkins Medicine, about 10% of deaths in the U.S. are from medical mistakes. That makes medical errors the third-leading cause of death in the nation – only heart attacks and cancer cause more deaths.
Medical mistakes are killing and injuring innocent people. We’re here to hold negligent medical providers responsible for their actions.
There are several kinds of medical malpractice. The five most common examples are below:
Approximately 12 million people are harmed by diagnostic errors in the U.S. each year. Diagnostic errors involve incorrect diagnoses, missed diagnoses, and delayed diagnoses. These are more common than surgical or medication errors.
- A doctor might not diagnose your condition correctly despite having all the information. They might ignore symptoms, fail to order tests, or not read the results correctly.
- A delayed diagnosis is as harmful as an incorrect one. A doctor who fails to give you a correct diagnosis in a timely fashion could be liable if this delay prevented you from receiving proper care.
The U.S. Food and Drug Administration receives more than 100,000 reports every year associated with medication errors.
- A doctor might prescribe a drug that isn’t right for your condition or causes a harmful interaction with other medication.
- A nurse administers the wrong drug or the right drug in the wrong way.
- A pharmacist incorrectly fills your prescription.
Anesthesia and Surgical Errors
More than 4,000 surgical errors happen each year nationwide:
- A surgeon might perform a procedure on the wrong part of the body or the wrong patient.
- A surgeon performs the wrong procedure.
- A surgeon leaves behind an instrument or foreign object inside the body.
Another possible surgical error is using tools or an environment that is not sterile, which increases the risk of infection. It’s also common for the surgical team to make mistakes before or after the surgery, not during.
The anesthesia team is responsible for keeping you unconscious and pain-free. The anesthesiologist might give you too much or too little of a drug. They might not monitor your oxygen levels carefully during surgery, and you could suffer from oxygen deprivation. A negligent doctor or nurse could cause mouth or throat injuries when they intubate you.
Although the coronavirus pandemic increased everyone’s attention to cleaning and sterilizing surfaces, one in 20 hospitalized patients are at risk for a healthcare-acquired infection from improper precautions. Doctors, nurses, and everyone else who encounters patients must use universal precautions, including:
- Proper handwashing
- Hand sanitizers
- Disinfectants and cleaners on surfaces
- Masks and gloves
Pregnancy and Birth Injuries
What to Do if You Suspect Medical Malpractice
If you suspect a nurse, doctor, or other healthcare provider did something wrong, start by gathering all your medical records. Contact each hospital or doctor’s office and ask for a copy of your documents.
If you’re currently in pain or suffering from other symptoms, see another doctor for a second opinion. Be sure to get copies of all your records from this new doctor, too.
We often recommend you start keeping a journal. Every day, write down your experiences, such as your symptoms and pain level.
Most importantly, call a Cincinnati medical malpractice attorney at KNR to talk about your situation.
What You Shouldn’t Do
Don’t start a fight with your doctor or make a scene. Nothing will be solved during a personal argument or going back-and-forth with the facility.
If you’ve already communicated with the hospital or doctor’s office about the issue, don’t speak with their insurance company or lawyer. If someone contacts you about the situation, politely decline to answer any questions until you’ve obtained a medical negligence lawyer.
Finally, don’t post about this situation on social media. We strongly recommend you keep this matter private amongst your closest friends and family. Don’t post about your injury or condition, physical abilities, medical care, or doctor’s actions. Anything you put online could be evidence in court.
Ohio Medical Malpractice FAQs
- How Much Is a Medical Malpractice Claim Worth? Every medical malpractice case is different. The best way to find out your claim’s worth is to talk to a medical malpractice lawyer in Cincinnati. KNR can review your injuries and talk with you about potential compensation.
- How Long Do I Have to File a Medical Malpractice Case? Ohio has a one-year statute of limitations on medical malpractice claims. That means, either from the date of the negligence or the date you realize your doctor was negligent, you have one year to file. We recommend talking with a medical malpractice attorney as soon as you suspect something’s wrong.
- How Do I Prove Medical Negligence? To prove a medical provider or facility was negligent, you must establish the standard of care applied to your case. Then, you must show how the provider’s actions deviated from that standard.
- How Long Will a Medical Malpractice Case Take? Unfortunately, medical malpractice cases often take months, if not over a year, to resolve. It can be frustrating, but the legal process takes time. The sooner you call a Cincinnati medical malpractice lawyer, the sooner we can get to work on your case.
- Will I Have To Go to Court? Possible, it depends on each case. We often resolve medical negligence cases with a settlement. However, it might be in your best interests to go to trial. We’ll explain when you may have to appear in court.
Can I Get Compensation for Medical Malpractice?
If you can prove your medical provider was negligent and hurt you, you can demand compensation. KNR has helped many medical malpractice victims recover compensation for their economic and non-economic damages.
Through trial or an insurance settlement, we’ll demand compensation for your past and future:
- Medical expenses
- Lost wages
- Physical limitations
- Pain and suffering
- Mental anguish
- Loss of personal relationships (loss of consortium)
Ohio Limits Your Compensation
Ohio limits how much compensation you can get for your non-economic damages. This damage cap is only for your non-monetary injuries, like pain and suffering.
You can win the greater of:
- Or three times the amount of your economic damages
You could win up to $350,000 total or up to $500,000 if you suffered a catastrophic injury.
What Happens if the Malpractice is Fatal?
If you believe medical negligence caused your relative’s death, talk to a medical malpractice lawyer with KNR right away. Your family may have the right to demand wrongful death compensation. Ohio law requires the personal representative of your loved one’s estate to file the claim.
You and other close family members may be entitled to compensation for:
- Loss of your relative’s earnings
- Loss of your relative’s services
- Loss of your relative’s care, companionship, guidance, and society
- Loss of your possible inheritance
- Your mental anguish
Ohio’s damage cap doesn’t apply in a wrongful death case. If you lost a parent, spouse, or child because of medical malpractice, your non-economic damages are unlimited.
Should I Get a Lawyer After Medical Malpractice?
Medical malpractice cases are challenging for several reasons.
- It isn’t easy to prove medical malpractice on your own.
- You must follow specific rules and procedures.
- You have a tight deadline to file your claim.
- You might not be physically or emotionally strong enough to tackle a case by yourself.
We highly recommend you hire a medical malpractice attorney who understands Ohio’s medical malpractice law.
A Lawyer Evaluates Your Case
You don’t need to have your medical records and other evidence before calling a medical negligence lawyer, though it can speed things up. We can gather your medical records and get started.
We’ll closely review the facts of your case and then connect with a medical expert. Before we can recommend filing a lawsuit, we need a medical expert’s opinion that you have a valid claim. That’s why we will hire a well-respected expert in the area of medicine relevant to your case.
Filing a Medical Malpractice Lawsuit
To bring a medical malpractice lawsuit in Ohio, you must have an Affidavit of Merit. This document includes the sworn testimony of a medical expert who reviewed your case and believes you have a valid claim.
Get the Maximum Possible Compensation
Getting an Affidavit of Merit is just the beginning of your case. After you file and the other parties have had a chance to respond, a Cincinnati medical malpractice lawyer goes through discovery. In this process, we gather additional information to find out the truth. We use various legal tools like depositions and interrogatories to get information from the other side.
Once we have more facts, we can go into settlement negotiations or prepare for trial. Whatever the circumstances, KNR fights for the best possible outcome. We want you to receive fair compensation for everything you’ve gone through.
Why Work with KNR
We have helped more than 10,000 clients recover millions of dollars in damages, including those harmed by medical malpractice:
- $290,000 settlement for medical malpractice in a hysterectomy in Cuyahoga County.
- $390,000 compensation for wrongful death caused by medical malpractice in Summit County.
- $375,000 settlement for failure to diagnose a patient in Lake County.
Our medical malpractice lawyers understand what is at stake for our clients. We take care of the many details to get our clients the most in damages, including:
- Secure testimony, evidence, and documentation of liability
- Obtain your medical records
- Identify the best medical expert for your situation
- Interview witnesses
We do the legwork for you so that you can focus on healing. We offer free, no-risk consultations, and there’s no cost unless you recover compensation.