Medical professionals are required by law to provide care that conforms to a customary and accepted standard of care in the medical community. When you or a family member enters a hospital, doctor’s office, or medical clinic for treatment, you expect to receive the accepted standard of care.
You don’t expect to be permanently or severely injured. If medical or hospital personnel fail to meet the standard of care and make a mistake that causes serious harm or death, they could be guilty of negligence or medical malpractice.
According to Ohio law, medical malpractice claims “arise out of the medical diagnosis, care or treatment of any person” (Ohio Revised Code 2305.113).
However, not every mistake made in treatment or diagnosis is medical malpractice and being dissatisfied with the results of your surgery may not mean a medical professional was negligent.
It takes a medical malpractice lawyer like those available at Slater & Zurz LLP law firm to analyze the situation and identify if there is a liability on the part of medical personnel or a health care provider such as a hospital or residential care facility. The attorneys will make complex matters easier to understand and if there is a fault, they will aggressively pursue legal remedies and compensation available to the victim of medical malpractice, now claimed to be the third leading cause of death in the United States.
Some Statistics about Medical Malpractice
According to a recent study done by Johns Hopkins University, medical negligence ranked third, following heart disease and cancer, as the cause of adult death in America. The study analyzed the death rate over an eight-year period and found that more than 250,000 deaths, or about 700 per day, were due to medical error, which was also found to be an under-recognized cause of death.
In Ohio, the Ohio Department of Insurance’s Ohio Medical Professional Liability Report has been tracking medical malpractice claims since 2005. In 2017, there were 2,428 claims filed, a decrease from the 5,051 claims made in Ohio in 2005. The most common type of claims reported in 2017 were Non- Obstetric Medical Treatment, surgery-related Errors, and Diagnostic-Related Errors. Problem areas cited were a failure to treat, delay in treatment, improper performance, failure to diagnose, and misdiagnosis.
Medical malpractice happens in many ways. A physician could have negligently hired, trained or supervised staff members who made errors because they did not know how to perform correctly.
Facilities such as hospitals or clinics can also be guilty of neglect. Pharmaceutical or medication errors are common and sometimes a faulty medical device could have been responsible for a harmful result. Any number of specialists involved in treatment could have failed in their duty of care including emergency room personnel, nurses, anesthesiologists, physician assistants, paramedics, and others.
If you suspect medical personnel may be responsible for your injury or that of a loved one, you need to talk to a medical malpractice lawyer at Slater & Zurz LLP as soon as possible. In general, you have one year to file a claim, but that is not much time when expert testimony from other medical professionals will likely be needed to win the case. Don’t be intimidated, don’t be part of the group who do not pursue a valid medical malpractice claim and continue to suffer in silence.
Compensation For Medical Malpractice
In a medical malpractice lawsuit, you could receive compensation for whatever damage occurred. You may be left with medical costs, hospital bills, disfigurement, pain and emotional suffering, rehabilitation needs, long-term care needs, physical impairment, mental anguish, loss of consortium, loss of income, or loss of enjoyment of life. All of these are compensable injuries.
Sometimes the malpractice doesn’t occur during the medical procedure but afterward. The physician may fail to order necessary lab tests or inaccurately asses those that have been completed. Medical personnel may fail to monitor changes in the patient’s condition which could be a critical sign of a worsening state. Sometimes a doctor should have consulted a specialist at an earlier point.
The parties responsible for you or your loved one’s condition must be held accountable. Taking action by calling Slater & Zurz LLP is the right thing to do to prevent this type of injury from happening to another innocent patient.
Medical Malpractice Actions can be Difficult
Medical malpractice cases combine the complicated fields of medicine and law. They are also brought against professionals who often have monetary resources. Most have a malpractice liability insurance policy with a team of lawyers prepared to fight any malpractice charges.
But this does not mean this negligent medical personnel and/or facilities are going to win. The medical malpractice attorneys at Slater & Zurz LLP aim to hold them accountable for what has happened to you and they have a history of successful claims against those who commit malpractice.
Generally, there are four elements to a medical malpractice claim. You must meet them to file suit. If you have doubts about any of them, discuss them with your Slater & Zurz LLP medical malpractice lawyer.
- You must prove the person being sued (the defendant) had a duty to you (the plaintiff), usually a doctor-patient relationship.
- The plaintiff must show the defendant owed the plaintiff a reasonable standard of care under the circumstances and failed to meet that standard.
- The plaintiff’s injury must actually exist and be of a considerably serious nature such as an injury that resulted in constant pain, or an injury that caused the plaintiff to be disabled.
- There must be a cause-and-effect link between the damage the plaintiff suffered and the defendant’s negligence, ignorance or omission.
When a Medical Malpractice Claim Should Be Filed
In Ohio, a person has one year “after the cause of action accrues” to file a medical malpractice action. “Accrues” means the claim has come into existence as enforceable. This may be when the plaintiff knew or had reason to know he had a cause of action for a claim (ORC 2305.113 (A)). If it is a minor individual filing a medical malpractice suit, he or she has until age 19.
If there has been a wrongful death due to medical malpractice, the time to file is extended to two years. A medical malpractice attorney can provide more information about Ohio laws governing the statute of limitations for medical malpractice lawsuits.
Why Choose a Slater & Zurz LLP Medical Malpractice Lawyer
There is no doubt that filing a medical malpractice action can be complex. You need a lawyer who has experience in this area of law and is not afraid to challenge professionals in another career where expertise is highly valued. At Slater & Zurz LLP, the attorneys have four decades of legal experience. In addition to knowing what to do and when to do it, a Slater & Zurz LLP medical malpractice attorney can also offer:
- Services on a contingency basis. This means you pay them only if you win the case. You can ask the Slater & Zurz LLP medical malpractice attorney about this plan at your initial consultation. The initial consultation is FREE and is not limited to a certain amount of time. If you need more than an hour to talk about your case, that is not a problem.
- Slater & Zurz LLP lawyers have a track record of success with these kinds of cases. They have won more than $150 million dollars in personal injury cases of all types including medical
malpractice. They know that errors by medical professionals can dramatically change lives and sometimes tragically end them.
- You can bet that medical professionals facing a malpractice case have numerous resources including experienced defense attorneys. You need a lawyer who can obtain the best experts
to explain how the medical professional did not perform to standard in your case. You need a lawyer who can anticipate what resources will be used by the opposition and how the victim can
most effectively fight back. You need Slater & Zurz law firm.
- Sometimes clients worry about going to trial and having to relive the trauma of how their injury happened. Slater & Zurz LLP attorneys do not shy away from going to trial if negotiations fail, but many times cases are settled out of court. Our medical malpractice lawyers are compassionate and very sensitive to the needs of their clients.
- They understand that it is difficult to revisit an unfortunate area of your life and they will do everything they can to make things easier for you no matter what happens. They will also keep you informed each step of the way so you do not feel you are facing the situation alone.
Where to find Slater & Zurz LLP
Slater & Zurz LLP has conveniently-located offices in Akron, Columbus, Cleveland, Canton, Cincinnati, Ohio. Our medical malpractice attorneys will be pleased to meet with you in these locations or we can arrange to meet with clients throughout Ohio wherever it is convenient.
A medical malpractice attorney will get back to you very shortly after you e-mail your form to the firm. You can also call 1-888-534-4850, and speak with a Slater & Zurz LLP medical malpractice lawyer. It costs you nothing to learn your options by consulting with one of our legal malpractice lawyers to determine if your case is one that is appropriate to pursue.
Slater & Zurz LLP can be contacted 24/7/365. Our goal is to obtain the maximum compensation possible for you to restore your life as close as possible to what it was before you were harmed by medical malpractice. We also want to help make certain the negligent party does not hurt others, in the same manner, he or she has hurt you.