Healthcare providers, like other professionals, are required to utilize that degree of care and skill which should be expected of a reasonable practitioner under the same or similar circumstances. This requirement is known as the “Standard of Care.” Medical Malpractice claims seek compensation from healthcare providers for conduct that violates the Standard of Care, also known as negligence, and which results in injury to the patient. Medical Malpractice claims fall into two general categories:
We know bad results can and do happen, despite the medical provider’s best intentions and reasonable care. However, landmark studies by the National Institute of Health and other reliable sources tell us that more than 100,000 people die every year from preventable Medical Malpractice. Indeed, more people die from Medical Malpractice every year than from auto accidents, breast cancer, and AIDS -- combined. A recent report in Health Affairs also notes that 1 out of every 3 Americans admitted to a hospital will experience some sort of medical error.
Regrettably, in this day and age when medical care is directed and controlled by health insurance "cook books," we increasingly find that the quality of patient care suffers as a result. Indeed, due to the present mindset conditioned into a large segment of the medical profession, patients and their families are rarely advised of medical errors, despite the duty of medical providers to promptly report instances of Malpractice. Of course, such concealment of Malpractice by trusted care providers serves only to compound the emotional toll and frustration experienced by the victims of Malpractice.
Correspondingly, it is rare that medical records, which are of course prepared by medical providers, indicate any acknowledgment of Medical Malpractice. On the contrary, it has been our experience that medical care providers in most communities typically "close ranks" to avoid the acknowledgment of Medical Malpractice. This is another reason why Medical Malpractice cases take a great deal of time, effort, and expense to investigate and prosecute.
In our 40-plus years of experience, we have successfully investigated and prosecuted many Medical Malpractice claims to provide our clients needed answers and compensation for life-altering injuries and for the deaths of loved ones. To do so we have embraced and followed the philosophy and practice to intimately involve and advise our clients in the investigation and prosecution of their Medical Malpractice claims. We carefully and compassionately work with our clients to confront the profound injuries, disabilities, impairments, and emotional and financial fallout wrought by the serious injury or death of a loved one due to Medical Malpractice.
As with all other tort claims, Medical Malpractice cases are subject to specific deadlines (“statutes of limitation”), which are much more restrictive than other cases of negligent, reckless, and intentional misconduct. There are also a number of other insidious and restrictive procedural and substantive rules governing Medical Malpractice claims, which also deserve special explanation and attention, often depending on the nuances of the substandard care provided, and/or injuries. Accordingly, we urge you to call without delay for a free legal consultation if you believe that you or a family member has been injured by Medical Malpractice.
Dayton, OH Medical Malpractice Attorney Holds Healthcare Providers Responsible
Medical malpractice occurs when a healthcare provider’s care or treatment falls below the standard of care in the same geographic region and in the same specialty, which causes their patient to suffer harm. While some medical injuries happen even when doctors are careful and follow all proper protocol, some occur because of negligence or carelessness. When this situation arises, an experienced Dayton, OH medical malpractice attorney from Caras Law can help. Our team will work diligently to pursue the maximum compensation you deserve after being harmed by a negligent healthcare provider.
Common Causes of Medical Malpractice Claims
Some of the grounds for medical malpractice claims in Ohio include:
Failure to diagnose – This occurs when a healthcare provider fails to order the appropriate tests or interpret results or your symptoms accurately.
Misdiagnosis – A healthcare provider may mistake your symptoms for another condition, resulting in you receiving treatment you do not need.
Delayed diagnosis – When the right diagnosis is not made in a timely manner, you may not receive the treatment that you need and putting your health at risk.
Surgical errors – Many medical malpractice cases are based on surgeons making surgical errors during the procedure. Additionally, surgical errors can occur when the doctor failed to properly sanitize tools or did not provide proper post-operative care instructions.
Anesthesia errors – Errors in dosage or administration, failure to adequately monitor a patient or failure to recognize and respond to complications can result in serious injuries.
Failure to obtain informed consent – As a patient, you are entitled to be given full details about your proposed care and treatment, including the potential consequences of receiving certain treatment. If you were not given the necessary treatment and suffered an injury, you may have a claim based on failure to obtain informed consent.
Infections –Many patients develop infections in hospital and other care settings due to unsanitary practices.
Fast Legal Response is Necessary for Medical Malpractice Cases in Ohio
Ohio has a strict one-year statute of limitations for medical malpractice claims. This means that you must file a lawsuit against the medical provider within one year of sustaining your injury or within one year of when you discovered or reasonably should have discovered it. This drastically limits the amount of time that you have to investigate your case and pursue the maximum recovery you need and deserve. This is why it is important to have an experienced Dayton, OH medical malpractice attorney on your side that can quickly get to work on your claim and protect your rights.
Contact an Experienced Medical Malpractice Attorney to Protect Your Legal Rights
If you believe your injury was due to a healthcare provider’s negligence, an experienced Dayton, OH medical malpractice attorney can help. At Caras Law, our focus is always on protecting the rights of our clients. When you trust a loved one’s care to a medical provider, you have a reasonable expectation that they will receive proper treatment. When this duty is violated, you have the right to seek compensation for the damages that you have sustained that are the result of a healthcare provider’s negligence. Schedule a complimentary and confidential consultation by calling us or completing our online contact form.