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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 20 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?’
We're Award-Winning & Highly-Skilled Attorneys
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.
It’s important to know that under Ohio Rev. Code 2305.113, you only have one year to file a medical malpractice lawsuit or until age 19 in the case of a minor. And while there are exceptions if your injuries don’t appear until later, don’t delay in talking to a qualified Ohio medical malpractice lawyer because if a claim is not filed within 4 years of the procedure, you could lose your chance of receiving any compensation for your injuries.
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:
In some cases, a medical error is obvious, and you’ll experience adverse symptoms right away. Other instances of malpractice may take a second opinion or an exhaustive diagnostic. Once you confirm that you’ve suffered a medical injury, the statute of limitations starts.
While not every case will require a lawsuit or insurance claim, an experienced attorney can advise you about your rights and the best course of action. You may have a valid claim against a negligent doctor based on the situation. In other scenarios, it may be a nurse or reckless hospital policy that’s to blame.
Your attorney will review your medical records, interview witnesses, and consult independent medical experts to determine the extent of your injuries and the care you should have received.
An Affidavit of Merit is from a qualified medical professional supporting your claim’s validity. This document is required in Ohio medical malpractice cases and confirms that a certified medical professional has reviewed the records and agrees that a breach of the standard of care resulted in your injuries.
The precise nature of how and when you file will depend on the situation In most cases, your attorney will compile the filing documents and submit them to the appropriate parties and insurance companies.
This is the first step in an Ohio Malpractice lawsuit. It usually involves a judge, an independent attorney, and another doctor reviewing the Affidavit of Merit and other evidence to determine if enough evidence of malpractice exists to move forward.
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.
Discovery is the formal process of sharing evidence between the parties involved in a medical malpractice case. Evidence secured during discovery may include internal hospital records, employee logs, and depositions under oath.
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.
If a settlement is not reached, your malpractice case will move on to trial. This is where both parties submit evidence and make arguments to the court.
No two medical malpractice lawsuits are the same, and many factors influence how long your case may take. In complicated cases with multiple parties, disputed liability, and significant injuries, a medical malpractice case can take anywhere from a year to 3-5 years to fully resolve.
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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?
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.
