Medical malpractice cases in Ohio can get complicated quickly. KNR will talk through your claim and what's next.
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Legal Help for the Injured
When a health care provider makes a careless mistake and causes you harm, you want answers. You want to know how something could go wrong when you are supposed to be able to trust doctors. The truth is that you may never have all the answers, but you can fight for compensation for your injuries. A Dayton medical malpractice lawyer at Kisling, Nestico & Redick can help you get it.
Medical errors harm far more patients than ever bring a claim, in part because most patients never learn what went wrong. If you were hurt because a doctor, nurse, dentist, or other health care provider was negligent, call us. Our seasoned Ohio medical malpractice lawyers will find out what happened and guide you through making a claim for compensation.
You can reach us through our online form or call (937) 427-4048. We are available 24/7 to schedule your free initial consultation.
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Not all medical mistakes, errors in judgment, or complications are malpractice. To pursue compensation, you must prove the provider was negligent, meaning they did not do what a reasonably careful provider in the same field would have done. A Dayton medical malpractice lawyer proves that with your records, with the testimony of medical experts, and with evidence that another provider would have acted differently and avoided the harm.
At Kisling, Nestico & Redick, we have spent decades reviewing medical records, working with Ohio medical experts, and separating bad outcomes from bad care. These are the common types of malpractice behind the claims we handle in Dayton.
Figuring out what is wrong from a set of symptoms is hard, and the law does not punish a doctor for a reasonable judgment call. It does hold a doctor responsible for skipping the tests a careful physician would have ordered, dismissing symptoms that pointed to a serious condition, or failing to follow up on an abnormal result. Cancer, heart attacks, strokes, and infections are among the conditions commonly missed. With the wrong diagnosis, you can go through a harmful treatment plan while the real condition gets worse.
A delayed diagnosis works the same way. The doctor may have had everything needed to diagnose you and not done so, or received a test result and not told you for weeks. Proving a misdiagnosis claim means showing what a timely diagnosis would have changed.
A surgeon or a member of the surgical team can make a mistake during an operation that no amount of informed consent covers: operating on the wrong site or the wrong patient, performing the wrong procedure, leaving a sponge or instrument inside the body, damaging a nerve, organ, or blood vessel, or using equipment that was not sterile.
Some surgical complications are known risks that can happen even with perfect care, and the hospital’s lawyers will say every complication is one of them. Our lawyers handling surgical errors work with surgeons in the same specialty to show which is which.
Prescription drugs are an essential part of medical care, and a lot can go wrong when a doctor, nurse, or pharmacist is careless. A doctor might prescribe a drug that interacts dangerously with one you already take or that you are allergic to. A pharmacist might fill the prescription with the wrong drug or the wrong strength. A nurse might administer the right drug at the wrong dose, the wrong time, or to the wrong patient.
Medication errors are among the most preventable forms of malpractice because the systems designed to catch them, from electronic prescribing to barcode scanning, exist in modern hospitals. When those systems are bypassed or ignored, the provider is responsible for the result.
Anesthesia keeps you from feeling pain and keeps you unconscious during a procedure, and it has to be managed carefully from start to finish. Too much anesthetic, too little, a failure to review your history for risks, or a failure to monitor your oxygen and vital signs during surgery can cause brain damage, heart problems, or death. Injuries to the mouth, teeth, and throat during intubation are common as well.
Anesthesia mistakes often happen in seconds and leave lifelong consequences. The anesthesia record, the monitoring data, and the testimony of an anesthesiologist expert are how we reconstruct what went wrong.
Pregnancy and delivery require consistent monitoring. When a physician or nurse fails to notice signs of fetal distress, delays a necessary C-section, misuses forceps or a vacuum, or fails to manage a condition such as preeclampsia or gestational diabetes, the mother or the baby can be seriously hurt. Oxygen deprivation during delivery can cause cerebral palsy; excessive force can cause brachial plexus injuries, broken bones, and facial paralysis.
Cases involving birth injuries are among the most complex we handle, because the damages cover a lifetime of care. Ohio’s filing deadlines work differently for a claim brought on behalf of a child, but the evidence needs to be preserved right away.
Emergency rooms are fast and crowded, and that is where patients are sent home with a heart attack diagnosed as indigestion or a stroke diagnosed as a migraine. Inside the hospital, understaffing, poor communication between shifts, failure to monitor a deteriorating patient, hospital-acquired infections, and falls from a bed or in a hallway are recurring sources of harm.
When the mistake belongs to a nurse, technician, or the hospital’s own systems rather than an individual doctor, the claim for hospital errors is against the hospital itself, and it is built differently.
A doctor might correctly diagnose you and then fail to prescribe an appropriate treatment plan, refer you to a specialist, or follow up. Leaving a condition untreated or prescribing an inappropriate treatment allows it to get worse, and you may suffer an additional injury from the wrong treatment.
Failure to treat claims also arise when a patient is discharged too early, when a provider does not act on a test result, or when a provider stops treating because insurance denied coverage and offers no alternative.
Dayton is a regional medical center, with several major hospital systems, a children’s hospital, a Veterans Affairs medical center, dozens of urgent care clinics, and surgical centers and practices across Montgomery County and the surrounding counties. KNR handles claims involving hospitals, emergency rooms, urgent cares, surgical centers, nursing facilities, and private practices throughout the Dayton area.
Every one of those institutions has lawyers and insurers whose job is to protect it. A claim against a large health system is a claim against an organization that has defended hundreds of them, and it should be brought by a firm that has done the same.
Fight for Everything You’re Owed
If you were injured by a careless or reckless medical provider, talk with a Dayton medical malpractice attorney right away.
The law may give you a right to compensation for your:
Ohio places limits on how much medical malpractice compensation you can receive for non-economic damages, which cover your physical and emotional injuries, including pain and suffering. In a medical claim, non-economic damages are limited to the greater of $250,000 or three times your economic damages, up to $350,000 per plaintiff or $500,000 per occurrence when there is more than one plaintiff. If you suffered a catastrophic injury, the limits rise to $500,000 per plaintiff and $1 million per occurrence. A catastrophic injury includes loss of a limb, loss of a bodily organ system, permanent and substantial physical deformity, and injuries that permanently prevent you from caring for yourself.
There is no cap on economic damages. Your medical bills, future care, and lost income are recoverable in full.
Every medical malpractice claim in Ohio comes down to four elements, and we have to prove each one:
Ohio also requires an affidavit of merit to be filed with the complaint: a sworn statement from a qualified medical expert who has reviewed your records and concluded that the standard of care was breached and that the breach caused your injury. A case filed without one is subject to dismissal, though courts can grant a short extension for good cause. This is one reason a medical malpractice claim cannot be filed at the last minute.
When you believe a doctor made a mistake and hurt you, talk with a Dayton medical malpractice lawyer near you. At KNR, we will tell you plainly whether you have a strong claim, a weak one, or none at all. The process runs like this:
You can expect the doctor and their employer to deny the accusations. We will gather as much evidence as possible of the provider’s negligence, and we are prepared to try the case.
Ohio has a strict statute of limitations for medical malpractice claims. You generally have one year to file a lawsuit. But when the clock begins to run can be confusing, and you should talk with a medical malpractice attorney in Dayton as soon as possible to figure out your filing deadline.
The one-year period begins when the cause of action accrues: when you discover, or reasonably should have discovered, that your injury was the result of medical negligence, or when the physician-patient relationship for that condition ends, whichever comes later. Ohio also has a four-year outer limit, called a statute of repose, that bars most claims filed more than four years after the negligent act regardless of when it was discovered, with narrow exceptions.
It is important to realize the one-year period does not always begin the day the negligent conduct occurs. It may take you weeks or months to realize a mistake happened. That is why you should give us a call right away and let us calculate how long you have to file. If a loved one died from medical negligence, our Dayton wrongful death lawyers can explain the separate deadline that applies.
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What Makes KNR Special?
Since our inception in 2005, Kisling, Nestico & Redick has been dedicated to helping personal injury victims fight for the compensation they deserve after an accident affects their way of life. We have helped more than 10,000 people, and we’re ready to keep fighting for Ohioans and anyone who deserves compensation for their personal injury claims.
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Contact KNRWhat Makes KNR Special?
Our Dayton personal injury lawyers at KNR will talk with you and review your claim. We will tell you whether you can and should file a medical malpractice lawsuit. We will hire a medical expert to support your case. We will handle the legal documents and appear in court on your behalf.
Medical malpractice cases in Ohio can get complicated quickly. We do not want you to go it alone and not receive the compensation you deserve. We cannot guarantee a specific outcome to your case, but our medical malpractice lawyers have a track record of success.
We fight hard to maximize our clients’ compensation. Review more of our case results.
In a med mal case, you must establish that a medical standard of care applied and a negligent medical professional or facility deviated from that standard, causing you harm as a result.
In most cases, if the doctor was negligent, you would pursue a claim against their malpractice insurance. However, if the medical facility or another employee caused your injuries, a claim against the hospital may be fitting. There are also times where both may be liable.
Every medical malpractice case will depend on the losses and injuries involved. While giving an exact estimate is hard, the best way to find out your claim’s worth is to talk to a medical malpractice lawyer in Dayton. Let KNR review your injuries and talk about potential compensation.
Ohio has a one-year limitation on medical malpractice claims. The year generally runs from when you discovered, or should have discovered, the negligence, or from when your treatment relationship with that provider ended, whichever is later, and a separate four-year outer limit applies to most claims. If you suspect medical malpractice in Dayton, you should consult an attorney right away.
Medical malpractice claims in Dayton include misdiagnosis, delayed diagnosis, failure to treat, surgical errors, anesthesia mistakes, medication errors, and pregnancy or birth injuries.
A Dayton medical malpractice lawyer helps prove doctor negligence, reviews medical records, works with medical experts, and pursues compensation for injuries caused by malpractice.
Yes, in Dayton, you can file a medical malpractice claim if a surgeon or surgical team makes a serious mistake causing injury, such as operating on the wrong site or leaving equipment behind.
Birth injuries can be grounds for medical malpractice in Dayton if medical staff fail to monitor, diagnose, or treat the mother or infant properly, leading to conditions like cerebral palsy or oxygen deprivation.
If you suspect a medication error in Dayton, document your treatment, seek medical attention, and contact a medical malpractice lawyer to evaluate your case.
The one-year deadline and the affidavit requirement mean these cases cannot wait. Call (937) 427-4048 or 1-800-HURT-NOW, or contact our Dayton office online, for a free consultation. There is no fee unless we win.
