Medical malpractice is alarmingly common. In the US alone, a recent study found that medical errors are responsible for over 250,000 deaths each year, making it the third most common cause of death behind only cancer and heart disease.
If you or someone you love are a victim of medical negligence, our Cincinnati medical malpractice attorneys can help you seek justice. At Slater & Zurz, we are relentless in our pursuit of holding negligent parties accountable for their actions and recovering maximum compensation for the seriously injured victims of these careless acts. We will work tirelessly on your behalf to ensure you get the medical care you need and the financial resources to recover from your losses.
Types of Medical Malpractice
Medical malpractice occurs when a patient is harmed by a doctor or other healthcare professional who fails to provide a proper level of medical care. Medical malpractice takes many forms, such as:
- Surgical errors
- Birth injuries
- Emergency room errors
- Medication errors
- Patient neglect
- Hospital negligence
- Radiation malpractice
- Failure to obtain patient information
- Plastic surgery malpractice
- Anesthesia errors
- Delayed diagnosis
- Failure to treat
- Treatment delays
Any surgery involves some element of risk. But surgical errors go well beyond the given procedure’s known risks and can result in devastating injuries to the patient, even death. Examples of surgical errors include:
- Performing surgery on the wrong body part
- Performing surgery on the wrong patient
- Performing unnecessary procedures
- Negligent surgery preparation
- Leaving surgical instruments or sponges in the patient
- Damaging organs or other parts of the body during surgery
- Misuse of surgical instruments
- Failing to diagnose a serious medical condition during a procedure
- Prematurely discharging a patient
- Improperly monitoring the patient during and after surgery
- Failing to advise a patient of all potential risks and side effects
- Not taking necessary precautions based on the patient’s medical history
Speak with a medical malpractice attorney in Cincinnati. Call 888.534.4850.
Receiving the wrong dosage of medication, or receiving the wrong medication entirely, puts a patient at serious risk of catastrophic injury. Medication errors can occur in a variety of ways, including:
Being prescribed or given the wrong medication – When a patient is prescribed or given the wrong medication, it may fail to treat the patient’s existing condition or cause an adverse reaction that may lead to serious, sometimes permanent injuries.
Being prescribed or given the wrong dosage – Receiving the incorrect amount of medication is a common medication error. These errors can occur when a doctor or pharmacist writes down the wrong number, someone misreads the dosage, or simply misplaces a decimal point. A medication error can happen easily but can result in considerable harm to the patient.
Incorrectly administering medication – Incorrectly administered medication can lead to serious injury and can even have fatal consequences. Medications generally have precise methods in which they need to be administered. For example, a drug that needs to be injected into the muscle may mistakenly be injected into the patient’s vein, causing serious, sometimes fatal, injuries.
Receiving mislabeled medication –Mislabeled medication generally occurs at the drug manufacturer or pharmacy. If either makes a medication labeling error, it can have devastating consequences for the patient.
Proving Negligence in a Medical Malpractice Claim
Medical malpractice cases are generally complex. Doctors, hospitals, insurance companies., and attorneys aggressively defend these cases, so a patient and their attorney must build a strong case, proving each of the following four elements:
In medical malpractice cases, duty refers to the doctor’s obligation to provide a certain standard of care to his or her patient. When a doctor-patient relationship exists, a duty is imposed on the doctor to properly treat the patient.
Once the doctor-patient relationship is established and the duty of care is owed to the patient, the patient’s attorney must prove the medical provider breached the duty of care. Medical records, eyewitness testimony, and testimony from expert witnesses can generally establish what the doctor did or did not do to breach the owed duty of care.
A patient and his or her attorney will then need to show that the medical professional’s breach of the proper standard of care directly caused the patient’s injuries. Causation is often disputed in a medical malpractice case. The defendant may admit they breached the standard of care but try to avoid responsibility for the injury by attempting to show the injuries were caused by an element other than the breach. Again, expert witness testimony typically proves causation in these cases.
The last element needed in a successful medical malpractice claim is damages. The patient and their lawyer must show the nature and extent of the damages caused by the patient’s injuries. Accurately assessing past and future damages will ensure the patient received full and fair compensation for their losses.
How a Medical Malpractice Lawyer in Cincinnati Can Do to Help
Pursuing a medical malpractice claim may seem overwhelming, especially during your recovery. A medical malpractice attorney provides critical assistance during the entire process, taking the stress and frustration away so you can focus on getting better. Our skilled and compassionate medical negligence attorneys at Slater & Zurz can help by:
- Getting to know you, your family, and every detail of your case to develop an effective, case-specific approach
- Being there to answer your questions and address your concerns
- Keeping you informed of any developments in your case
- Collecting proof of liability
- Identifying and proving past and future damages to ensure maximum compensation
- Handling all communication with the insurance company and attorneys
- Negotiating aggressively on your behalf
- Skillfully representing you in court, if necessary
Medical Malpractice Frequently Asked Questions
How much does it cost to hire a medical malpractice attorney?
Our firm handles medical malpractice cases on a contingency fee basis. This means that we are not paid unless we win. When we recover on your behalf, we are paid a portion of the total recovery. We understand the financial hardship you may be experiencing during this time. Our interest is in helping you, so we make sure you receive quality legal assistance without having to pay any up-front fees.
What is Ohio’s statute of limitations for filing a medical malpractice lawsuit?
Medical malpractice claims must generally be filed within one year of discovering the injury or from when your relationship with the provider ends, whichever occurs later. Ohio also has a “statute of repose” that may extend the time to file to four years. However, there are several exceptions to the four-year deadline, so it is best to speak directly to an experienced medical malpractice attorney.
How long will my medical malpractice lawsuit take?
The length of time it takes to resolve a medical malpractice lawsuit depends on the strength and complexity of the case, as well as where the lawsuit is filed. Most medical malpractice or negligence cases settle out of court, but some will need to go to trial in order to be resolved. Many times, a claim may be settled faster but will result in a smaller award. On the other hand, some cases result in much bigger payouts but may take a few years to resolve. Our medical malpractice attorneys will continually assess your and your family’s need to receive compensation quickly while also ensuring you receive a fair amount of compensation.
Consult with a Cincinnati Medical Malpractice Attorney If you believe you or a loved one suffered injuries as a result of a medical error, we strongly urge you to consult with a Cincinnati medical negligence lawyer immediately. Our Slater & Zurz legal team is fully committed to doing everything we can to see that you are appropriately compensated for your losses. We will help you navigate this challenging time and fight to hold responsible parties accountable for their actions. Take the first step by contacting our office for a free, no-obligation consultation. Call 888.534.4850. We are available any time of the day, any day of the week.