The Canton medical malpractice Lawyers at the Slater & Zurz Canton law firm are knowledgeable, straightforward, and diligent. We fight tirelessly to bring justice to those injured due to a medical professional’s negligence or careless mistake. We do everything within our power to hold at-fault parties accountable for the harm they have caused and aggressively pursue maximum recovery on behalf of our clients. Our experienced medical malpractice attorneys have over 32 years of successfully representing clients in medical malpractice cases. We know which approaches to pursue to ensure you receive the legal remedy you deserve.
Medical malpractice refers to a healthcare provider’s harmful action or inaction that breaches the standard of care and causes significant injury to the patient. It is a challenging area of law as these cases are rarely black and white. That is why it is essential to have capable and experienced legal counsel to represent you in your medical malpractice lawsuit.
Types of Medical Malpractice
Doctors and other healthcare professionals must provide a patient with the appropriate standard of care. Serious injuries often result when they fail to do so, either through a negligent act or a careless omission. Common types of medical malpractice our lawyers see include:
Surgical errors – A surgical error is a preventable mistake made during a medical procedure. These errors go beyond the known risk related to the surgery performed. Common surgical errors include:
- Performing surgery on the wrong body part
- Damaging healthy organs during surgery
- Failing to monitor the patient during and after surgery properly
- Leaving medical instruments in the patient’s body during surgery
Medication errors – In a recent study, more than 250,000 deaths occur in the US each year due to medical errors. These errors occur when a doctor prescribes the wrong medication or amount. Injuries can also result when a nurse administers the wrong medication or dosage to a patient or a pharmacist incorrectly fills a patient’s prescription.
Anesthesia errors – General, regional, and local anesthesia all carry the risk of complications. If a negligent medical professional improperly administers anesthesia and the patient sustains injuries as a result, the negligent party may be held liable for damages. Examples of anesthesia errors include:
- Administering the wrong type of anesthesia
- Improperly monitoring the patient
- Administering the wrong dose of anesthesia
- Failing to properly manage the delivery of a patient’s medications or fluids
- Administering anesthesia too late
One of the most common and severe complications that can result from anesthesia errors is known as anesthesia awareness or intraoperative awareness. Anesthesia or intraoperative awareness occurs when a patient regains consciousness during the surgery.
Misdiagnosis or failure to diagnose – A doctor failing to order diagnostic tests or incorrectly interpreting the results can often warrant a medical malpractice claim. Failing to diagnose or misdiagnose a patient’s condition can result in a lack of or delayed treatment, worsening the patient’s medical condition.
Failure to treat – If a doctor fails to treat a patient’s condition due to negligence or medical error, it can be considered medical malpractice. Failing to treat a patient can cause further injury or harm. Examples include:
- The failure to treat a known medical condition promptly or at all
- The failure to assess a patient’s condition
- The failure to refer a patient to a specialist
- The failure to treat a patient because they lack insurance
- The failure to advise a patient of all available treatments for their condition
Birth injuries – The birthing process can be dangerous not only for the baby but the mother as well. Medical errors made due to negligence or a careless mistake, such as excessive force, the improper use of birthing tools, not performing a C-section promptly, and failing to monitor the fetus properly, can all lead to severe complications, even death.
Liable Parties in a Medical Malpractice Case
In a medical malpractice or negligence claim, it is not only the doctor who can be held liable. Several medical providers, not just doctors and hospitals, can face medical malpractice claims. They include:
- Surgeons
- Nurses
- Dentists
- Radiologists
- Anesthesiologists
- Pharmacists
- Dentists
- Chiropractor
- Gynecologists
- Obstetricians
- Nursing Homes
- Assisted living facilities
- Urgent care centers
The Four D’s of Medical Malpractice
Lawyers often refer to the proof needed in a successful medical malpractice claim as the “four Ds.”
Duty
Doctors, nurses, and other medical professionals owe their patients a duty of care. In other words, they must provide reasonable and competent medical care.
Deviation of Duty
In a medical malpractice case, it is crucial to establish a breach of duty or deviation, which is the second essential element that needs to be proven. The doctor must demonstrate that they failed to meet the accepted standard of care and that other doctors in the same situation would have acted differently.
Damages
The Canton medical malpractice attorney must take an active approach to prove that a medical mistake caused harm or injury to the patient. Damages can be physical, emotional, or financial.
Direct Cause
In a medical malpractice claim, a lawyer will also need to show that the actions or omissions of the medical provider were a direct cause of the patient’s injuries. The patient’s lawyer will have to disprove the claim made by the medical professional that other factors, such as poor health choices or a previous procedure, caused the injuries.
Types of Compensation in Medical Malpractice Claims
In addition to other damages, our law firm is adept at handling wrongful death claims, ensuring families receive the compensation they deserve in such tragic circumstances.
If a negligent healthcare professional has caused you or your loved one harm, you have the right to pursue justice. Our dedicated medical negligence lawyers at Slater & Zurz will help you hold those responsible accountable for their actions and fight to recover your losses entirely. Damages will depend on your specific case but may include the following:
- Medical expenses
- Costs of future medical care
- Rehabilitation expenses
- Home and vehicle modifications
- Loss of income
- Disability
- Disfigurement
- Pain and suffering
- Mental anguish
- Loss of consortium
- Loss of enjoyment
It’s crucial to remember that there is a time limit to file a medical malpractice claim. In Ohio, the statute of limitations dictates that you must take legal action within a specific timeframe. We advise you to contact us promptly.
Speak to an Experienced Medical Malpractice Lawyer in Canton
Patients trust the doctors, nurses, and hospitals responsible for their health and well-being. Regrettably, medical professionals can shatter that trust when they negligently cause devastating injuries through their actions or omissions. At the Slater & Zurz law firm, experienced lawyers experienced in medical malpractice cases actively provide personalized legal support to guide their clients through every step of the case.
If medical malpractice has caused injury to you or someone you love, contact our team of skilled Canton personal injury lawyers at Slater & Zurz. With over a century of combined experience in medical malpractice, we are well-equipped to handle even the most complex cases. Our Canton medical malpractice attorneys work closely with a team of medical experts to build a compelling case, helping us to recover maximum compensation on your behalf. We work tirelessly to make sure you are fully compensated for your losses, allowing you to recover from the physical, emotional, and financial toll caused by your injuries.
We are here to help – 24 hours a day, seven days a week. We welcome you to contact us to schedule your free consultation. Our medical malpractice lawyers will review your case during your initial consultation and offer strategic legal advice tailored to your situation. Call us at (330) 968-2547 today.
Before a medical procedure, a doctor must explain the process and all possible outcomes, including potential complications and side effects. A patient must know this vital information beforehand to make an informed decision as to whether they want to proceed with the surgery. If a doctor fails to share this information, this could be grounds for a malpractice suit.
If a consent form is executed correctly and lists the risks associated with the procedure, a signed consent form may bar you from recovering damages. However, signing a consent form does not allow your doctor to act negligently. Therefore, if your Canton medical malpractice attorney can prove the defendant was negligent in their care for you, you may still be able to obtain compensation.
A damage cap limits how much money you can recover in a medical malpractice case. It may apply to the total award or some of the damages, such as non-economic damages. The purpose of a damage cap is to prevent an excessive amount of money from being awarded to the plaintiff. Damage caps are also in place to keep medical malpractice insurance premiums at a reasonable cost, preventing medical professionals from having to leave the profession after a lawsuit.
For additional Frequently asked questions about Medical Malpractice.