Medical Malpractice Lawyers in Ohio
Ohio Medical Malpractice Lawyer
If you have been injured due to the negligence or incompetence of a medical professional in Ohio, you may be entitled to financial compensation. Filing a claim against a medical professional can be a complicated and intimidating process. But an Ohio medical malpractice attorney can handle your case on your behalf, helping you seek the accountability and financial relief you deserve.
At Amourgis & Associates, Attorneys at Law, we understand how devastating it is to be the victim of improper health care and are ready to help you pursue justice. Contact our Ohio medical malpractice attorneys today to get started with a free consultation. We will answer your questions and handle every detail of your claim so that you can focus on your health.
What Is Considered Medical Malpractice in Ohio?
Medical malpractice is a term that describes when a doctor, nurse, hospital, or other healthcare professional injures a patient by failing to meet the adequate standard of care. Unfortunately, medical malpractice is all too common in the United States. According to a John Hopkins study, medical errors are the third leading cause of death in the U.S.
A medical malpractice lawsuit allows injured patients to hold medical professionals accountable for failing to provide them the care they are due. Our Ohio medical malpractice lawyers handle various medical malpractice claims, including ones stemming from the following errors:
- Surgical errors – This type of claim involves errors made during surgery, such as leaving foreign objects in the body, performing unnecessary surgeries, operating on the wrong part of the body, or using improper techniques.
- Misdiagnosis or delayed diagnosis – These errors occur when a medical professional fails to diagnose a condition or does not diagnose it promptly. This can lead to worsened health outcomes, including death in some cases.
- Birth injury – Birth injuries can occur when medical professionals do not properly monitor a pregnant person and their baby or use correct techniques during labor and delivery. This can lead to long-term disabilities or complications for both patients.
- Medication errors – This includes mistakes in prescribing, administering, or monitoring medication. Medication errors can result in negative side effects or delayed progress in treatment.
- Failure to obtain informed consent – Doctors must ensure their patients are adequately and fully informed about their treatment so they can make an informed decision about whether a procedure is worth the risks.
The 4 Elements of a Medical Malpractice Claim
If you have been injured as the result of improper medical care in Ohio, it’s essential to understand the four elements that must be met in a successful medical malpractice claim:
- Duty – The medical professional must owe a duty to the patient. Generally, this duty arises from the doctor-patient relationship.
- Breach – The medical professional must have breached this duty by failing to provide the patient with the appropriate level of care. This level of care is the one that would have been provided by another professional of similar training and experience given the same circumstances.
- Injury – The patient must suffer an injury because of the breach of duty by the medical professional. This injury must be serious enough to cause harm or long-term disability or pain.
- Causation – There must be a direct link between the breach of duty and the injury suffered by the patient. Without proof of causation, a medical malpractice claim cannot be successful.
Proving these four elements can be challenging, especially when you’re trying to recover from your injuries. A compassionate medical malpractice attorney in Ohio can help you gather the evidence you need to build a strong case against the healthcare professional who harmed you.
Ohio Medical Malpractice Statute of Limitations
In Ohio, medical malpractice claims are subject to a statute of limitations. This gives injured patients a deadline for filing lawsuits. Ohio’s statute of limitations generally allows one year from the date of the incident or when the injured patient became aware of their injury. However, there are a few exceptions. A skilled lawyer can help you determine just how long you have to file a claim and keep your case on track.
Is There a Cap on Medical Malpractice Settlements?
Under Ohio’s medical malpractice law, there is no cap on the economic damages an injured patient could receive through a medical malpractice settlement. Economic damages cover actual financial losses such as medical bills and lost wages.
However, non-economic compensation in medical malpractice cases is subject to a cap of $250,000 or three times the amount of the plaintiff’s economic losses, whichever is higher. There is a maximum of $350,000 per plaintiff or $500,000 per occurrence. Non-economic damages include pain and suffering, loss of enjoyment of life, and loss of companionship.
It is important to note that there are a few exceptions to this rule, such as when a plaintiff can prove that they have suffered any of the following:
- Permanent and substantial physical deformity
- Loss of use of a limb
- Loss of a bodily organ system
- Permanent physical functional injury
In these cases, the compensation for non-economic losses may not exceed $500,000 per plaintiff or $1 million per occurrence. An experienced medical malpractice lawyer can help you determine if your case is eligible for an exemption from the cap on non-economic losses.
Contact a Medical Malpractice Attorney in Ohio
Medical malpractice lawsuits are complex. But you don’t have to file a claim alone. An experienced Ohio medical malpractice lawyer can help you pursue the compensation you deserve after being injured by a healthcare professional.
At Amourgis & Associates, Attorneys at Law, we know that victims of medical malpractice often feel overwhelmed, frustrated, and angry. We provide our clients with compassionate, knowledgeable legal representation to give them peace of mind and allow them to focus on their health. Our medical malpractice lawyers have a track record of recovering favorable settlements on behalf of those who have been injured by medical professionals.
If you have been the victim of medical malpractice in Ohio, contact our Ohio personal injury lawyer today for a free consultation.