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Doctors and medical professionals play a crucial role in our lives by helping us during emergencies and sudden illness, as well as medical staff at hospitals and clinics work with patients to prevent unnecessary diseases or other harm. We put a lot of trust in our doctors, nurses, and pharmacists. Sometimes a patient’s condition can suffer from complications, and life can become very difficult for them and their family. It can be even more complicating trying to determine if the doctor or hospital are at fault. If you and your family are uncertain about your options when a loved one is harmed while in a doctor’s care, our Toledo injury attorneys have represented many victims of unacceptable care. You have the right to seek damages if your doctor failed to uphold the proper standard of care when treating you. Given the severity of your condition, and the complexity of these cases, we encourage you to call your lawyer without delay.
The legal team at Kisling, Nestico & Redick have worked with many clients who have fallen victim to careless or negligent medical professionals. We understand how your life may be affected, and we know how to seek the compensation that you deserve. Contact our Toledo office today at (419) 324-8205.
There Are Many Ways You Can Fall Victim to Medical Malpractice
You may consider that your life is in your doctor’s hands when you are undergoing treatment and circumstances in which you suffer harm due to medical negligence will likely catch you off guard. Many victims are suddenly injured while being treated at large facilities such as the University of Toledo Medical Center or St Charles Hospital. However, serious harm also occurs at small clinics, dental offices, and due to pharmacy errors. A Johns Hopkins study recently concluded that at least 250,000 people in the United States are killed every year due to doctor negligence. While this includes many thousands of known victims in northwestern Ohio, it’s also safe to conclude that many cases of medical malpractice go unreported.
As Toledo medical malpractice attorneys with years of experience, we have seen many different ways that victims have their lives turned upside down after doctor malpractice. Understanding how to investigate the details of your case will allow our firm to make sure you recover the damages you need. Common types of medical malpractice include:
- Misdiagnosis – Along with a failure to diagnose, a misdiagnosis can be malpractice when it’s due to a doctor failing to take reasonable and common steps in their work. While difficult to determine the frequency of misdiagnosis, this may be the most common form of malpractice.
- Surgical errors – While surgeries can have unforeseen complications, malpractice frequently happens when surgical staff are reckless in their work. This can involve cutting corners, unsanitary practices, or not explaining details to their patient.
- Birth complications – Injuries to newborns or their mothers can happen due to misdiagnosis or errors that happen during delivery. The results of this type of malpractice can be permanent on a child.
- Dental malpractice – Chronic pain and permanent harm are common results of malpractice on the behalf of dental practitioners. Furthermore, dentists must take care to understand how powerful drugs will affect their patients.
- Anesthesia errors – Doctors providing anesthesia during surgeries must take proper care to understand how the patient’s body will be impacted. Errors are all too common, and the consequences are often fatal.
Ohio’s Damage Caps May Affect Your Claim
Being injured through no fault of your own can be very difficult for you and your family. It’s very important to find all of the parties who are liable to pay your damages. Ohio law often seeks to protect doctors and medical groups from excessive liability in the event of a medical malpractice error. This can make things difficult for victims of doctor negligence who have suffered terrible harm. There is no cap for economic damages such as medical bills and lost wages. However, Ohio caps non-economic damages in medical malpractice cases. These are damages that are difficult to give a monetary figure, and they include pain and suffering. Damage caps for things like pain, suffering, and emotional distress are as follows:
- $350,000 – While this is the limit for an individual, you may be capped at $250,000 if this lower compensation figure is higher than three times your economic damages from the malpractice.
- $500,000 – This is the maximum you can get for non-economic damages if you are one of several plaintiffs filing a medical malpractice claim. Furthermore, this is the maximum you individually get recover if your lawyer convinces the court that your injuries are catastrophic.
- $1,000,000 – This is the cap for a group of injured plaintiffs whose harm the court finds to be catastrophic.
How a Lawyer Can Help You Recover Damages
In addition to suffering severe pain and debilitating injuries, it’s possible that you and your family are uncertain about how to proceed after an incident of medical malpractice. Your doctor may seek your approval to quickly try and remedy the situation, or they might become distant and even hostile. The most important thing you can do is contact a skilled Ohio medical malpractice attorney. It may be impossible to recover all of the compensation that you need if you sign an agreement or accept financial help before speaking with your attorney. We have worked with many families who have had a loved one harmed by the reckless or malicious actions of a medical professional.
Victims of medical malpractice often need damages for medical bills, lost wages, and therapy needs. Our Toledo medical malpractice lawyers make sure to fully understand the harm done to our clients. This allows us to seek compensation for past, current, and future costs related to their injury. A skilled lawyer can help you with the following:
- Find a skilled doctor – Your injuries might still be present and getting worse. Our lawyers have helped many injury victims seek ongoing medical attention from competent professionals.
- Investigate the cause of your harm – In order to recover compensation in a medical malpractice lawsuit, your lawyer must build a strong case for the other party’s negligence. This requires understanding the many technical aspects of your case.
- Consult with experts – Your claim will require having witnesses who are experts in the medical practice in which you were harmed. This involves filing an affidavit of merit with the court where an expert states that they believe that your doctor breached the standard of care in your treatment.
- Recover Compensation – Our lawyers are experienced in negotiating with insurance companies in order to recover damages for injured victims. If you do not receive an acceptable settlement offer, we will use our years of court experience to recover your compensation at trial.
Ohio’s Medical Malpractice Statute of Limitations
It’s important to act without delay if you have been unexpectedly injured due to the negligent or reckless actions of a medical professional. Your injuries can quickly get out of hand, and you may suffer serious and even permanent damage. Ohio’s statute of limitations law also has an effect on malpractice lawsuits. This law requires you to file a claim for damages within one year, or else you might lose your chance to file a lawsuit for compensation. This one-year window begins on the date of your injury or when the doctor/patient relationship for the specific harm ends. One year is not a lot of time for your lawyer to investigate your case and prepare a lawsuit. Exceptions to this strict one-year rule include:
- You could not notice the harm – Many patients cannot immediately notice harm they sustained due to medical malpractice. However, no matter what the details of your case, your claim cannot be filed after four years past since the date of the injury.
- You send a notice to the defendant – Giving formal notice given to the defendant healthcare provider can extend your statute of limitations by 180 days. The notice must be given within the first year after the harm sustained.
A Medical Malpractice Lawyer from Kisling, Nestico, & Redick Can Help You.
Toledo area patients receiving medical care are all too often injured due to senseless errors by their medical professionals. This can cause you to suffer extensive health problems, and thousands of Ohio victims are killed every year due to medical malpractice. Do not hesitate to act if you or a loved one are in this position. You have the right to seek damages from the negligent party who caused your harm. The compensation you recover can help pay for your ongoing medical bills as well as the costs associated with your inability to work due to your injury. We understand how to help you through every step of this difficult and complex legal process.
Contact Kisling, Nestico & Redick to speak with an experienced Ohio personal injury lawyer about your injuries caused by a careless or negligent medical professional. Contact our office in Toledo today at (419) 324-8205.