Frequently Asked Questions
1. What is medical malpractice?
Healthcare providers are expected to provide you with proper medical treatment that is consistent with the recognized standard of care for the specialty and the location. Medical malpractice occurs when a healthcare provider deviates from this standard of care and injures a patient due to this deviation. A knowledgeable medical malpractice attorney can review your case and determine if medical malpractice occurred.
2. What are some common types of malpractice?
Misdiagnosis – A misdiagnosis occurs when a doctor gives the wrong diagnosis to a patient. The patient may receive unnecessary treatment or not receive the treatment he or she needs because of the misdiagnosis.
Delayed diagnosis – A delayed diagnosis occurs when the healthcare provider fails to order the proper tests or medical procedures to determine the underlying medical problem. In this situation, the patient does not find out promptly about the medical condition he or she has. For example, the patient may not be timely diagnosed with cancer, which may lead to it spreading before it is later discovered.
Surgical errors – Surgical errors happen when a healthcare provider operates on the wrong patient, operates on the wrong body part, leaves a foreign object in the patient, accidentally cuts the patient or does not execute the procedure with proper sanitation methods which results in an infection after the operation.
Medication errors – Medication errors include prescribing the wrong type of medication, the wrong dosage, and the wrong method of administering medication, prescribing medication that has an adverse interaction with other medications or not providing adequate instructions to patients on how to take the medication.
3. How long do you have to file a claim?
Ohio has a one-year statute of limitations for a medical malpractice claim. This one-year time limit begins on the date when the injury is discovered or the injury reasonably should have been discovered. Moreover, the state has a four-year statute of repose that states that all medical malpractice claims must be filed within four years in Ohio, even if the injury was discovered after this time. There is an exception for cases in which a foreign object is left in a patient’s body or when the injury was not reasonably discovered within the first three years. In these situations, the patient has one year from the discovery to file a lawsuit.
4. Do you have a medical malpractice case?
In order to establish your right to monetary recovery, you must be able to prove all elements of medical malpractice, which include the following:
The physician had a duty to conform to a particular standard of conduct
The physician breached that duty
There is a causal connection between the breach of the duty and the patient’s injuries
The patient suffered damages
These cases often require the testimony of an expert witness to establish these elements. Medical malpractice cases are quite complex. One of our highly-experienced medical malpractice attorneys can review the specific circumstances surrounding your case and determine if you have a viable medical malpractice claim.
5. Does your firm charge any fees to pursue my claim?
Our firm works on medical malpractice claims on a contingency fee basis. This means that our payment comes at the back end of the case out of any recovery you receive. Our fee is contingent on us winning your case through an insurance settlement or verdict. If we are not successful with your case, you will not be charged attorney’s fees. If we are successful, we will receive a percentage of your award, based on the percentage indicated in your retainer agreement.
6. What are anesthesia errors?
Anesthesia errors occur when a healthcare provider provides the wrong type, dosage or method of administering anesthesia. These errors can occur during surgery, as well as during outpatient procedures. Some common examples of anesthesia errors include:
Providing too much anesthesia
Providing too little anesthesia
Delaying the delivery of anesthesia
Administering the wrong type of anesthesia
Not collecting information on other medications that the patient is taking, which results in an adverse drug reaction
Failing to properly monitor the patient after giving anesthesia to him or her
Anesthesia errors can cause serious drug interactions, allergic reactions, brain damage, organ failure, heart attacks and other serious medical problems.
7. How do birth injuries happen?
Birth injuries occur when a doctor fails to take quick action when an emergency situation arises, when proper prenatal care was not provided or when a mistake is made during the delivery process. Birth injuries can often have long-term consequences. Some common causes of birth injuries include:
The doctor fails to diagnose congenital disabilities
The doctor fails to diagnose or treat a medical condition that is contagious to the baby or affects the baby
The doctor prescribes medication that is harmful to the baby
The doctor fails to perform a timely cesarean section
The doctor fails to use proper delivery procedures