Seeking answers and compensation for the damages that you or a loved one has suffered after a medical error can feel overwhelming. At KNR, our Cincinnati medical malpractice lawyers regularly represent individuals who have suffered extensive injuries and tragic losses resulting from medical negligence. We can help you get the answers and compensation you need to properly recover.
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Do you believe a negligent doctor caused you harm? It is frustrating and angering to be the victim of medical malpractice. You should be able to trust your doctors, nurses, and pharmacists. When a medical provider does something wrong, and you get hurt, it is time to talk with a Cincinnati medical malpractice lawyer. Our team at Kisling, Nestico & Redick is ready to help you pursue fair compensation.
When you go through medical treatment for an injury or condition, it can be hard to figure out if the doctor did something wrong. It can take weeks or months to realize you have been misdiagnosed or given the wrong medication. In other circumstances, the mistake is obvious. You might have come out of surgery and learned the doctor operated on the wrong knee. When you realize a health care provider made a serious mistake that hurt you, call KNR right away.
Complications Are Not Always Malpractice
A difficult side effect, complication, or poor outcome is not always malpractice.
Doctors make judgment calls all the time. They do their best to diagnose your injury or condition based on your symptoms and test results. Then they prescribe a treatment plan based on the diagnosis and your medical history. If the doctor’s decisions were reasonably based on their education, training, and experience, then your doctor was not negligent.
Medical malpractice happens when a doctor’s conduct is not based on their years of education and training. Or, if your doctor behaves in a way that another doctor reasonably would not under the same or similar circumstances.
It can be hard to tell when something is a complication versus negligence. You should talk with a Cincinnati medical malpractice attorney as soon as you think something is wrong. A lawyer and a medical expert will review your records. Then we can recommend whether to file a medical malpractice lawsuit or not.
Common Forms of Medical Malpractice
Malpractice comes in many forms. Our medical malpractice lawyers at KNR have found some of the most common types of medical negligence include:
A doctor might not figure out your condition correctly despite having the information to do so. The doctor might ignore certain symptoms, fail to order tests, or not read the test results properly. Because of a wrong diagnosis, you could go through an unnecessary and harmful treatment. You also go without the right treatment, and your condition could get worse.
A doctor might fail to give you the right diagnosis as soon as they can. This could happen because a doctor doesn’t order tests or fails to review the results of the test as soon as they can. A delayed diagnosis also can happen when a doctor knows what is wrong but doesn’t tell you right away.
Failure to Treat
Your doctor might give you the right diagnosis, but then not prescribe the best possible treatment. Your doctor might give you an inappropriate or ineffective treatment. Or, they might tell you to do nothing and leave your condition to get worse.
Your doctor might prescribe a drug that is not right for your condition or that could cause an allergic reaction or interaction with your other medications. A nurse might administer the wrong drug. Or, a nurse might administer the right drug in the wrong way. A pharmacist might fill your prescription bottle with the wrong medication or give you the wrong dose.
A surgeon might perform a procedure on the wrong part of the body or on the wrong patient, perform the wrong procedure, or leave behind an instrument in the body. Another possible surgical error is using tools or an environment that is not clean and sterile, which increases the risk of infection.
Anesthesia 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, and you could suffer from oxygen deprivation. If you were intubated, a negligent doctor or nurse could cause mouth or throat injuries.
Pregnancy and Birth Injuries
Pregnant women can suffer miscarriage, premature birth, and other injuries when doctors fail to monitor them closely. Infants also can suffer injuries during birth, including broken bones, spinal cord injuries, brachial plexus, facial paralysis, oxygen deprivation, and Cerebral Palsy.
Medical Malpractice Compensation
Through a medical malpractice case, you can demand compensation for your injuries. This compensation, which also is referred to as damages, can be for economic and non-economic injuries.
Economic injuries are your financial losses. These include your past and future medical bills and lost income. Non-economic injuries are those unrelated to money. Your pain and suffering are a significant portion of your non-economic damages.
We will fight for you to win compensation for your past and future:
- Medical expenses
- Lost wages
- Physical limitations
- Pain and suffering
- Mental anguish
- Loss of personal relationships (loss of consortium)
Maximum Non-Economic Compensation on Ohio
Ohio law places a limit on how much compensation you can get for your non-economic damages. You can win up to $250,000 or three times the amount of your economic damages. You can get whichever amount is more.
Ohio limits one person to $350,000 in non-economic damages. But you could win up to $500,000 if you suffered a catastrophic injury.
This damage cap is only for your non-economic damages. You can be fully reimbursed for your financial costs and losses.
These limits do not apply, though, in a wrongful death case. If you lost a parent, spouse, or child because of medical malpractice, your non-economic damages are not capped.
Fighting for Compensation After Medical Malpractice
To fight for medical malpractice compensation, you must have evidence that the doctor, nurse, or pharmacist did something wrong. You have to have proof that you were hurt because of negligent care. You need proof that the medical professional acted in a way that a reasonable medical professional with similar education and training would not. This is hard. We recommend you work with a medical malpractice lawyer in Cincinnati to gather evidence.
You will need a medical expert. To begin with, you need a medical expert’s opinion to file a medical malpractice lawsuit. Without an expert opinion, your case could be dismissed. You also will need the medical expert’s testimony to prove negligence.
You also have to prove your injuries. You must have evidence that shows your condition got worse because of negligent care or that you suffered a new, distinct injury. This can be hard to do when you were already sick. But KNR has years of experience of proving harm in medical negligence cases.
Medical Malpractice Case Requirements
Malpractice claims are complicated. There are rules you have to follow to bring a claim. When you believe you are the victim of medical negligence, you need to talk to a lawyer with experience in these types of claims. A general personal injury lawyer might not have the knowledge and experience to navigate a medical malpractice case.
To file a medical malpractice lawsuit in Ohio, you need an Affidavit of Merit. This is a sworn document by a medical expert that says your claim is well-founded. We will hire a medical expert to review your records. Another doctor in the same area of medicine as your negligent doctor will review your records carefully. They will tell us if your doctor did something wrong or not. If there is evidence of malpractice, this expert will sign a statement saying so.
Medical malpractice claims have a time limit. Ohio gives you one year to file a lawsuit. But when your one year is up is another complication. The statute of limitations begins to run on the date the cause of action arises. That is the day you officially have a legal claim. But what is that date? You should talk with a lawyer as soon as possible about when you learned you might be the victim of medical malpractice. We will calculate how long you have to file a medical malpractice lawsuit.
Let a Cincinnati Medical Malpractice Lawyer Help You Right Away
If you think you were hurt or your medical condition got worse because of a negligent doctor, call KNR right away. It can be hard to figure out if a doctor, nurse, or pharmacist’s actions were malpractice. It is hard to know whether you suffered from a complication or the wrong treatment. The best way to find out is by working with a Cincinnati medical malpractice attorney.
A medical malpractice attorney at KNR will talk with you about your experience. We want to know what you have gone through. We want to know what you talked about with the doctor or other medical provider. We want to hear what they told you versus what really happened.
We will review your medical records. We have years of experience handling medical malpractice claims and know a great deal of medical terminology. At this point, we may find you do not have a strong medical malpractice claim. But if we think medical negligence happened, we will hire a medical expert.
We will connect with a doctor or other medical provider in the same area of medicine as the person who was negligent. For example, if you believe your cardiologist was negligent, we will find a cardiology expert. The expert will review your medical records carefully to figure out if the professional’s conduct was inappropriate. If the expert agrees there is a malpractice case, they will sign an affidavit.
The next step is to file the medical malpractice lawsuit. We will write and file the legal documents. We will appear in court and speak with the judge. We know that a lawsuit can be intimidating. But we will guide you through it. We will handle the legal process for you. Also, your case may not go to trial. Many medical malpractice cases settle.