Most Common Types of Medical Malpractice Claims in Ohio
Posted in: Medical Malpractice
Legal Help for the Injured
We trust medical providers to be experts at their jobs and to “do no harm.” But when you or a loved one suffers harm because of a health provider’s negligence, you may be able to obtain compensation for your losses by making a medical malpractice claim or lawsuit.
Kisling, Nestico & Redick has been fighting for Ohio injury victims for over 15 years. As veteran trial lawyers, we know what it takes to secure compensation from negligent medical professionals, hospitals, and insurance companies. But we also saw the need for a better approach to Ohio medical malpractice claims – one with less client hassle and where the victims keep more of their compensation.
At KNR, we like to ask, ‘what more can we do?
People working in the medical profession have a duty of care for their patients. They are required to provide treatment that conforms to a reasonable standard of care, which means how other qualified medical practitioners would manage your care under similar circumstances. In other words, there is a customary and accepted way of treating patients.
When a doctor, hospital, or other health provider fails to provide treatment that meets the standard, malpractice may occur. For example, it’s a widely accepted standard for surgeons to scrub their hands before performing a procedure.
If a surgeon fails to scrub before operating on you and you become infected with a bacteria transmitted by the surgeon, the surgeon may be guilty of malpractice.
Generally speaking, medical malpractice claims are those that “arise out of the medical diagnosis, care, or treatment of any person,” according to Ohio Rev. Code 2305.113.
In the example above, failing to scrub before surgery could be considered an omission. An example of negligent hiring, training, or supervision could include a doctor’s office or clinic allowing a medical assistant to perform procedures for which he or she is not licensed or trained.
Our statewide practice is designed to make going through a medical injury claim in Ohio more convenient and accessible. With 12 Ohio locations, KNR is a call or click away.
*KNR also serves Ohio’s rural counties & conducts consultations via Zoom.
Fight for Everything You’re Owed
Through a medical malpractice lawsuit, you may be able to recover compensation for the various losses related to the injuries you experienced due to a medical error.
Under Ohio law, your losses are divided into economic and noneconomic damages and include your:
In Ohio, there’s no limit on the amount of medical malpractice compensation you can receive for your economic damages (Ohio Rev. Code § 2323.43) but does limit noneconomic damages to $250,000 or three times your economic damages, up to 350,000 for each plaintiff (a total of $500,000 with multiple parties).
Damages could be higher if the malpractice led to the loss of a limb, organ system, permanent deformity, or permanent injuries that prevent you from caring for yourself. In these severe med mal cases, the limit is $500,000 or $1 Million with multiple parties.
Medical malpractice can have serious and lasting consequences. A delayed diagnosis of cancer, heart disease, or stroke can mean the difference between life and death. An injury to an infant during birth can affect your child’s development throughout his or her lifetime.
Here is a general breakdown of the claim process and medical malpractice lawsuit process:
If the tribunal finds enough evidence, your case can proceed. If they find the evidence of malpractice is lacking, you can either withdraw your claim or post a bond and enter litigation.
While your case progresses, both parties will enter negotiations to resolve the malpractice case without a trial. A settlement offer can happen at any time, but you should work with your lawyer to ensure any agreement is fair and fully compensates you for the injuries you endured.
KNR represented the estate of a man who died of atherosclerotic heart disease. The man had a medical…
What Makes KNR Special?
At Kisling, Nestico & Redick, we take medical malpractice claims seriously. When you come to us for help, our team of experienced Ohio medical malpractice lawyers will investigate what happened to identify the cause, consult with experts who can help tell your story, and aggressively pursue justice, accountability, and the maximum possible compensation for your injuries and other losses.
Kisling, Nestico & Redick has an extensive history of handling complex medical malpractice claims. Our attorneys have centuries of combined legal experience and can help you obtain fair compensation from the medical providers responsible for harming you or your loved one.
As one of the largest personal injury firms in Ohio, we have significant knowledge and resources that we can apply to build the strongest possible case on your behalf, including a network of the kinds of medical professionals and expert witnesses who can support your claim.
We’ve helped thousands of injured Ohioans, and our goal is to help make you whole after you’ve been the victim of medical negligence.