What Happens When Medical Malpractice Results in Wrongful Death in Ohio?
If a loved one passed away under the care of a doctor, hospital, or other health provider, you may be shocked, devastated, and angry. Holding a responsible party accountable for causing a death through medical malpractice can be a complicated affair — but doing so with the assistance of an Ohio personal injury attorney can help bring closure to a traumatic experience.
The Ohio medical malpractice lawyers at Kisling, Nestico & Redick will help you assess whether filing a claim is a logical next step for you and your family. Doing so may allow you to get to the bottom of your loved one’s death and obtain compensation for your losses.
To learn how the dedicated Ohio medical malpractice lawyers at KNR can help you, call us at 1-800-HURT-NOW or use the contact form on our website to schedule a free consultation.
Medical Malpractice in Ohio
Medical malpractice claims are surprisingly common in Ohio. With the latest data available, there were 2,428 claims filed in 2017. As a function of the state’s population during the same time frame, the number of annual claims was between two and four claims per 10,000 Ohioans. In other words, one to two claims were filed for every 5,000 Ohioans annually.
What Is Medical Malpractice?
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 is compared to how other qualified medical practitioners would manage a patient’s care under similar circumstances. That means there is a standard, accepted way of treating patients.
When a doctor, hospital, or other healthcare provider fails to meet that 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 wash before operating on you and you become infected with a bacteria transmitted by the surgeon, the surgeon may be guilty of malpractice.
Other examples include:
Negligent conduct can lead to cerebral palsy, hypoxic-ischemic encephalopathy (HIE), Erb’s palsy, and other complications.
Failure to Diagnose
Failure to diagnose a disease or illness, not diagnose a condition promptly, or making an incorrect diagnosis can all cause a patient to suffer unnecessary harm.
Leaving surgical instruments inside a patient, conducting surgery on the wrong site, nicking arteries or organs during surgery, or any other type of surgical error can have life-altering consequences.
Overdose, under-dose, improper drug combinations, and avoidable drug interactions can lead to allergic reactions, cardiac arrest, deadly drops in blood pressure, and other catastrophic consequences.
When medical professionals record your health information on a chart, they inform other professionals what ailment you’re experiencing, what medication you need, and when you were treated.
Any errors on the chart could have severe repercussions for your treatment. You could receive medication too soon or an incorrect treatment method. Charting errors might lead to death in some cases.
Is My Case Really Medical Malpractice?
With the help of an Ohio medical malpractice attorney, you can fight to hold a physician accountable for the wrongful death of your loved one. However, four points need to be proven in a successful medical malpractice suit:
- You were treated by a healthcare professional
- The healthcare professional had a duty to treat you to the best of their abilities
- The healthcare professional failed to meet their duty of care
- You or a loved one were hurt or killed by the negligent treatment from your healthcare professional
If your loved one’s injuries were so severe that they died, then medical malpractice becomes wrongful death.
What Damages Are Available in a Wrongful Death Lawsuit?
An immediate family member will often file a wrongful death lawsuit on behalf of their deceased relative.
If you choose to pursue a claim of medical malpractice after the death of a loved one, you can receive compensation in the form of:
- Funeral, burial, or cremation expenses
- Mental anguish
- Your family member’s lost financial contributions
- Your loss of potential inheritance from your family member
- Your loss of your family member’s society and companionship
Is the Hospital Liable?
When determining who is responsible in a wrongful death case, there are potentially two parties who may be liable:
- The doctor, nurse, or other medical professional whose negligent actions directly caused your loved one’s death
- The hospital that employed the medical professional who caused your loved one’s death
If the healthcare professional responsible for your loved one’s wrongful death was a hospital employee, you can bring the suit against both the employee and the hospital. Doctors and nurses are often independent contractors who work with hospitals. If the negligent party is not a hospital employee, the hospital may not be liable for their actions.
In many cases, hospitals can be held liable because they failed to properly vet their employee, neglected to outfit their facility with properly working equipment, or ignored their duty to oversee the medical care provided at their facility.
The KNR Team Relies on Medical Experts
The Ohio wrongful death attorneys at Kisling, Nestico & Redick work with medical professionals who can testify whether your medical provider failed to meet a reasonable standard of care. During this process, we will cover the cost of hiring the necessary team of investigators and the expenses associated with preparing your case.
We understand that we can recover those expenses when we resolve your case, through settlement or verdict, and we will advocate for you to ensure the best possible result for your case. If you do not receive compensation for your case, you owe us nothing.
Contact Our Ohio Wrongful Death Lawyers
We know that filing a claim can be an emotional undertaking and that having to pay for attorney fees upfront can place an unnecessary burden on you when you’re feeling most vulnerable. We pride ourselves on making this process easy for you. Therefore, we offer a free initial consultation with our lawyers. At KNR, we believe in no recovery, no fees — you will never be asked to pay a fee unless you successfully obtain compensation.
Call 1-800-HURT-NOW to speak with one of our Ohio personal injury lawyers or use our online contact form to schedule your free appointment. One call does it all — learn how KNR can help you today.