Medical Malpractice Attorney in Cincinnati

Medical malpractice occurs when a doctor or another medical professional fails to perform an adequate standard of care, harming a patient. According to the most recent data from the Ohio Department of Insurance, the state reported just under 2,500 medical malpractice claims in 2017. 

When you put your life into the hands of a doctor, you expect them to make the best possible effort to help you get well again. However, the US is seeing an epidemic of medical malpractice in recent years, with over 250,000 people dying each year due to negligent medical professionals. While not all medical errors qualify for a lawsuit, a doctor or hospital could be responsible for your damages.

Medical malpractice can cause devastating and, in some cases, lifelong injuries. Moreover, many victims of negligent doctors succumb to their injuries, causing immeasurable grief and heartache to their loved ones. Morgan & Morgan has your back if you or a family member is affected by medical malpractice in Cincinnati. Contact us now for a free consultation to determine whether you qualify for compensation. 

Examples of Medical Malpractice in Cincinnati

Medical malpractice can come in various forms. Examples that could lead to a legal claim include:

Hospital and Doctor Malpractice

Perhaps the most common form of medical malpractice occurs in hospitals, emergency rooms, and doctor’s offices. Medical professionals and hospitals in Cincinnati must provide a certain standard of medical care. Failing to care for patients adequately can lead to a malpractice claim if an individual suffers harm. Examples of hospital malpractice can include: 

• Surgical errors
• Anesthetic errors
• Birth injuries
• Misdiagnosis or late diagnosis
• Failure to order or interpret tests
• Emergency room malpractice
• Failing to provide adequate aftercare
• Prescribing the wrong medication
• Premature discharge

Dental Malpractice

Like all medical professionals, oral surgeons, dentists, endodontists, and others must perform to a certain standard of care. Avoidable dental errors can include:

• Failing to diagnose oral cancer
• Unnecessary dental procedures
• Failure to diagnose and treat an infection
• Facial nerve damage
• Permanent numbness
• Failure to diagnose and treat gum disease
• Unnecessary extractions
• Inferior dental work

Dental mistakes can be far from harmless and could cause significant injuries and suffering. A late diagnosis of oral cancer or a severe infection could lead to premature death. Moreover, the costs to correct bad workmanship or treat a late-diagnosed condition can be astronomically expensive.

Filing a Medical Malpractice Claim in Ohio Can Be Challenging

The time to file a medical malpractice claim in Ohio is prohibitively short. According to Ohio Revised Code section 2305.113, victims generally have only one year to file a medical malpractice claim. The time starts ticking down when you discover your injury or the relationship with your doctor ends. 

However, there can be exceptions to the one-year rule. In some cases, the time only starts to run when the victim discovers or should have discovered their injuries. It is advisable to speak to a medical malpractice attorney to determine when you should file your lawsuit. 

An Affidavit of Merit Is Required

According to Ohio law, claimants must file medical malpractice lawsuits together with an affidavit of merit, completed by an expert medical witness under oath. The expert should practice in the same field as the defendant. The medical expert witness must have reviewed the relevant medical records and concluded that the medical standard was not met by the professional in question. 

The affidavit should also contain the expert’s opinion that the plaintiff was injured due to medical malpractice. Filing a lawsuit without the required affidavit will most likely lead to the dismissal of the case. 

Since Ohio medical malpractice lawsuits can be challenging and involve strict time constraints, consider hiring an experienced Cincinnati medical malpractice attorney for your case.

Proving a Medical Malpractice Claim 

Medical malpractice claims can be tough to prove. Proving a claim may require several expert witnesses from the relevant medical field testifying on the victim’s behalf. A medical negligence claim must show that the doctor or other responsible party did not perform within the generally accepted medical standard of care. However, the details of what qualifies as a good standard of care and what constitutes negligence may be hotly debated. Having a seasoned and determined attorney in your corner is essential for prevailing in a medical malpractice case.

Victims and their attorneys must prove the following elements in a medical malpractice claim:

1. A doctor-patient relationship existed.
2. The medical provider acted negligently and breached their duty of care. 
3. The substandard care caused the patient’s injuries. 
4. The injury caused the patient’s damages.

Expert witness testimony is typically required to show that the standard of care provided was inadequate, and there is a direct link between the injury and the negligent conduct. In other words, victims have to prove that they would not have suffered the injury if the doctor had acted with due care and attention.

Medical malpractice victims must also prove their financial losses and damages in a lawsuit, which includes providing evidence of their medical costs, lost income, and other expenses.

Medical malpractice cases are time-consuming to prepare and often require a great deal of expert research. Morgan & Morgan has helped countless victims of medical malpractice receive the compensation they deserve and could help you too.  

How a Medical Malpractice Attorney Can Help

Medical malpractice is a hugely complex field best handled by a specialist attorney who only works on medical malpractice claims. Attorneys must know the relevant Ohio state laws and have an excellent knowledge of medical issues. They should also be well-connected in the medical field, allowing them to obtain crucial expert witnesses to testify on victims’ behalf. Our medical malpractice attorneys can:

• Help you get adequate medical advice and care
• Explain your rights and legal options
• Collect evidence and review your medical records to prove negligence
• Gather and present evidence for your damages
• Determine all potentially liable parties in your claim
• Provide respected medical expert witnesses
• Negotiate with the insurers
• Present your case strongly at trial