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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. 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. Our Dayton medical malpractice lawyers at Kisling, Nestico & Redick are here to help.
The facts regarding medical errors and malpractice are staggering. According to a Johns Hopkins study, 10% of all deaths in the U.S. are due to a medical mistake. This makes medical errors the third-highest cause of death. Johns Hopkins calculated these statistics by studying deaths in the U.S. over an eight-year period.
There are no excuses for such an excessive amount of malpractice in the medical industry. If you were hurt because a doctor, dentist, or other health care provider was negligent, call us right away. Our seasoned medical malpractice attorneys in Dayton will guide you through making a claim for compensation.
Types of Medical Malpractice
Not all medical mistakes, errors in judgment, or complications are malpractice. To pursue compensation for medical malpractice, you must prove the doctor was negligent. Establishing negligence requires proving the doctor or other provider did not uphold their professional duty.
A Dayton medical malpractice lawyer can help you prove that the doctor did not use their education, training, skills, and experience to treat you to the best of their ability. We will use evidence to prove another doctor would have done something differently and avoid injuring you.
At Kisling, Nestico & Redick, we have years of experience investigating medical negligence claims. We are familiar with medical terms and often review medical records. We also work with medical experts in Ohio. An expert can figure out whether your doctor was careless, or their diagnosis, treatment, or other conduct was reasonable.
By handling medical malpractice claims for decades, we have found that common types of malpractice include:
Figuring out what is wrong based on the symptoms is hard. Sometimes, a doctor will give a diagnosis even though they aren’t sure what is wrong. They might not take the time to run certain tests. They might not get other medical opinions. With the wrong diagnose, you can go through a harmful treatment plan. You also don’t get the care you need, and your condition could get worse.
Your doctor might have all the information they need to diagnose your condition but not do so. The doctor might carelessly review your symptoms and test results. The doctor may receive the necessary test results but not tell you right away. Whatever the reason, your doctor might take weeks or months to give you a proper diagnosis and treatment plan.
Failure to Treat
A doctor might correctly diagnose you and then fail to prescribe an appropriate treatment plan. By leaving your condition untreated or prescribing an inappropriate treatment, your condition could get worse. You also might suffer an additional injury because of the wrong treatment.
Your surgeon or a member of the surgical team might make a mistake during an operation. Some of the most serious mistakes are operating on the wrong person, operating on the wrong part of the body, and performing the wrong operation. A serious surgical error is leaving equipment behind in the body. Another serious mistake is using equipment or a room that is not sterile. That increases the risk of an infection.
Anesthesia is an important part of medical care. It prevents you from feeling pain. It also makes sure you remain unconscious during a procedure. When your anesthesiologist or their assistants are not careful, you can suffer serious injuries. You might receive too much or too little anesthetic. You might suffer from oxygen deprivation. Your mouth or throat might be injured during intubation. Anesthesia errors can be serious and lead to life-long repercussions.
Prescription drugs are an important part of medical care. But a lot can go wrong if a doctor, nurse, or pharmacist is careless. Your doctor might prescribe an inappropriate drug. The pharmacist might fill your prescription with the wrong drug. A nurse might administer the wrong drug. Or a nurse might administer the correct medication at the wrong time, in the wrong dose, or in the wrong form. Medication mistakes can cause serious complications. They also can be fatal.
Pregnancy and Birth Injuries
A lot can go wrong during pregnancy and birth. Women need consistent care and monitoring. If a physician or nurse doesn’t closely monitor a pregnant woman or notice signs of a condition or fetal distress, the effect can be serious. The woman could experience pregnancy complications, which could lead to miscarriage or premature birth. The infant could be hurt in vitro or during birth, which can lead to oxygen deprivation, Cerebral Palsy, facial paralysis, brachial plexus, broken bones, and spinal cord injuries.
Medical Malpractice Compensation
If you were injured by a careless or reckless medical provider, talk with a Dayton medical malpractice lawyer right away.
The law may give you a right to compensation for your:
- Medical expenses
- Lost wages
- Pain and suffering
- Emotional distress
- Physical limitations
- Loss of personal relationships (loss of consortium)
Caps on Compensation
Ohio places limits on how much compensation you can receive for non-economic damages, which cover your physical and emotional injuries. They include your pain and suffering. You can win up to $250,000 or three times your compensatory damages, whichever is greater.
Ohio law limits non-economic damages to $350,000 per plaintiff or $500,000 per case with multiple plaintiffs. But if you suffered a catastrophic injury, then you can receive up to $500,000 yourself or up to $1 million per case. A catastrophic injury includes a loss of limb, loss of an organ system, permanent and significant deformity, and injuries so significant that you require help to care for yourself.
There is no limit on how much you can receive for your compensatory damages. These are meant to reimburse you for your actual financial costs and losses.
How to Seek Compensation for Medical Malpractice
Do you believe a doctor made a mistake and hurt you? When you believe you are the victim of medical malpractice, talk with a Dayton medical negligence lawyer. Talking to an attorney means you get an experienced opinion about whether the doctor did something wrong. At KNR, our lawyers will tell you whether you have a strong or weak claim.
We will talk with you about your experience. We will get copies of your medical records and review them. If we believe there is evidence of malpractice, we will explain how to move forward with your claim.
Our next step is to hire a medical expert to review your records. When we file the legal documents, we must have an Affidavit of Merit. This is a sworn statement by a medical expert witness saying you have a valid medical malpractice claim.
We will draft the legal documents, file them in court, and serve the medical provider or facility. We will guide you through this process, step by step. You can expect the doctor and their employer to deny the malpractice accusations. We will gather as much evidence as possible of the doctor’s or other provider’s negligence.
Malpractice claims can settle before trial. We may negotiate a settlement with the doctor or their employer. However, our team at KNR is prepared to take your case before a judge or jury. We are not afraid to fight for your compensation at trial.
Time Limits for Medical Malpractice Lawsuits
Ohio has a strict statute of limitations for medical malpractice claims. You only have one year to file a lawsuit. But when the clock begins to run can be confusing. You should talk with a medical malpractice attorney in Dayton as soon as possible to figure out your filing deadline.
You have one year from the date the cause of action accrues, according to Ohio law. But when is that? The medical malpractice action accrues when you discover or reasonably should have discovered that your injury was the result of medical negligence. Or, the cause of action arises when the physician-patient relationship for your condition ends.
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 the mistake happened, and it has caused you harm. That is why you should give us a call right away. Let us calculate how long you have to file a lawsuit.
Let Our Dayton Medical Malpractice Lawyers Help
Our Dayton medical malpractice 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 we have a track record of success.
- $290,000 settlement for malpractice during hysterectomy
- $350,000 settlement for nursing home wrongful death
- $375,000 settlement for a failure to diagnose infection
- $390,000 settlement for medical malpractice wrongful death
- $650,000 settlement for inadequate emergency room treatment
We fight hard to maximize our clients’ compensation. Review more of our case results.