SKILLED IN MEDICAL MALPRACTICE
MEDICAL MISTAKES & ERRORS HAVE BECOME INCREASINGLY COMMON.
When you are sick, suffering from an injury, or dealing with any kind of disease or lingering medical condition, you trust your doctor and other medical professionals to provide the care you need to manage and control your health and aid in your recovery. Unfortunately, this trust is often misplaced. Medical mistakes and errors have become increasing common, both in Toledo
and throughout the United States, and patients suffering from a lack of quality care can end up suffering serious consequences and complication that can be severe, disabling, and even life threatening. At Groth & Associates, our skilled Toledo medical malpractice lawyers can help you to hold negligent medical providers accountable, so that you can get the compensation you need to recover.
TOLEDO MEDICAL MALPRACTICE CLAIMS
According to HealthCare IT News, medical mistakes and errors have risen dramatically over the last decade, leaving patients and their families suffering serious and often life threatening consequences. In addition to causing severe injuries and aggravating existing health condition, medical errors are now responsible for roughly 400,000 patient deaths per year, making medical malpractice the third leading cause of death in the United States. The following are among the most common types of medical errors and mistakes:
- Surgical errors, including operating on the wrong site or performing the wrong procedure;
- Medical misdiagnosis of diseases and chronic conditions;
- Hospital based infections, caused by IVs, catheters, and a lack of proper sterilization procedures;
- Errors in prescribing or administering medications; and
- Injuries suffered as the result of diagnostic testing procedures.
At Groth & Associates, our medical malpractice lawyers have the legal knowledge and experience you need to assist you in holding medical providers accountable so that you can get the compensation you deserve when these types of errors and mistakes occur.
For a free legal consultation with a medical malpractice lawyer serving Toledo, call (419) 930-3030
HOLDING NEGLIGENT MEDICAL PROVIDERS ACCOUNTABLE
UNDER OHIO MEDICAL MALPRACTICE LAWS, MEDICAL PROVIDERS, TECHNICIANS, AND HOSPITAL EMPLOYEES CAN ALL BE HELD LEGALLY ACCOUNTABLE WHEN MEDICAL MISTAKES AND ERRORS OCCUR BY FILING A MEDICAL CLAIM OR LAWSUIT.
Damages you may be entitled to vary according to your injuries, and may include compensation for medical expenses, lost wages, pain and suffering, as well as for any long term disabilities and wrongful death. Healthcare professionals who may be named in this type of lawsuit include the following:
- General practice physicians, specialists and their staff, including nurses and nursing assistants;
- Obstetricians, pediatricians, and their office staff;
- Hospitals, outpatient treatment facilities, and medical clinics;
- Surgeons, surgical technology assistants, and anesthesiologists;
- Radiologists, ultrasound techs, and lab assistants;
- Pharmacists and their employees; and/or
- Dentists, dental surgeons, and dental hygienists.
Personal Injury Lawyer Near Me (419) 930-3030
MEDICAL MALPRACTICE IN OHIO: FREQUENTLY ASKED QUESTIONS (FAQS)
What To Do If You Believe that You Were a Victim of Medical Malpractice
If you believe that you received substandard medical care from a doctor or healthcare provider, it is crucial that you take the proper steps to protect your health, well-being, and legal rights. A patient who suspects that they were the victim of medical malpractice in Ohio should do the following four things:
- Find a new doctor. Your health and safety always come first. If your current or previous healthcare provider was negligent, you need to find someone reliable. Get yourself a new doctor who you can trust.
- Request your medical records. You have a legal right to get a copy of your medical records. Make sure that you request your records as early as possible. These records could play a key role in any future medical malpractice lawsuit.
- Keep personal notes. In medical malpractice claims, contemporaneous notes are valuable forms of evidence. Keep an ongoing journal that describes your symptoms and the adverse impact that those symptoms are having on your life.
- Call a Toledo medical malpractice lawyer. Medical malpractice claims are among the most complex types of legal cases. Do not go through the legal process alone. The sooner you get a professional medical malpractice attorney by your side, the better.
How Long Do You Have to File a Medical Malpractice Lawsuit in Ohio?
All medical malpractice claims must be filed before Ohio’s statute of limitations expires. Notably, parsing the statutory timeline is somewhat more complicated in medical malpractice claims than in many other personal injury cases. Under Ohio law (Ohio Revised Code § 2305.113), all medical malpractice claims must be filed within one year of the date that the plaintiff knew or should have known about their injuries. Of course, the harm caused by medical malpractice is not always immediately obvious. A significant amount of time could pass before the patient has an opportunity to reasonably discover their injuries. The one-year time clock does not start until the patient knew or should of known about the harm. However, there is also a maximum time limit to file a claim. Ohio has a ‘statute of repose’ for medical malpractice claims. All claims must be filed within four years regardless of when the injury was actually discovered by the patient.
How Do I Know If I Have a Medical Malpractice Case?
Unless you are a practicing physician, a healthcare expert, or an experienced medical malpractice attorney, it can be difficult to know if you actually have a case. Certainly, this depends on the nature of the medical malpractice. For example, if a surgeon left a foreign object inside of you after an operation, then you very likely have a viable medical malpractice claim. This is the type of thing that should never happen. On the other hand, if a doctor failed to diagnose a serious medical condition when you went for a routine check-up, it may not be immediately clear if they did anything wrong. The bottom line: If you suffered harm after receiving professional medical care in Ohio, you might have a viable medical malpractice case. At this time, it is strongly recommended that you consult with an experienced Toledo, OH medical malpractice attorney. Your attorney can conduct a free review of your case — explaining your legal rights and legal options to you. Never assume that you do not have a case.
How Does Medical Malpractice Liability Work?
A patient cannot hold a doctor, medical professional, or healthcare provider legally liable simply because they had poor results. Even the best and most attentive of physicians cannot diagnose everything or fix every medical issue. That being said, patients have a reasonable expectation that they will receive high-quality professional medical care. Medical professionals and healthcare providers have a legal obligation to live up to their ‘duty of care’. Put another way, they must offer care that is at least as good as would have been offered by an ordinary medical professional under similar circumstances. To hold a defendant liable for medical malpractice, a plaintiff (the patient) must be able to prove the following four things:
- A doctor patient-relationship existed;
- The medical professional or healthcare provider failed to meet their ‘duty of care’ — meaning they offered subpar care to the patient;
- The breach of duty of care was, at least in part, the cause of the patient’s injuries; and
- The patient suffered actual harm.
In practice, proving all of these legal elements can be challenging. Most medical malpractice claims center around whether or not the doctor breached their duty of care. Proving liability generally requires a comprehensive investigation, extensive research, and consultation with expert medical witnesses.
How Much Financial Compensation is Available Through a Medical Malpractice Claim?
Under Ohio law, victims of medical malpractice have a right to seek financial compensation for economic and intangible damages. Medical malpractice lawsuits are almost invariably defended by large insurance companies. The insurance provider’s fundamental goal is to resolve a medical malpractice lawsuit for the lowest dollar figure possible. At Groth & Associates, our Toledo medical malpractice attorneys help patients fight back. We are committed to maximizing financial support for our clients. In Ohio, medical malpractice compensation may include:
- Emergency medical treatment;
- Other healthcare bills and costs;
- Physical therapy;
- Cost of future medical care;
- Lost wages;
- Pain and suffering;
- Mental distress;
- Loss of quality of life; and
- Wrongful death.
Will My Toledo, OH Medical Malpractice Case Go to Court?
It might — but most medical malpractice claims are eventually settled outside of litigation. According to data provided by Business Insurance, less than five percent of medical malpractice claims receive a verdict. Some medical malpractice claims are settled before a lawsuit is ever filed. Other medical malpractice claims reach litigation, but are settled before a verdict is ever rendered. Of course, there are certainly exceptions. If you were a victim of medical malpractice in Northwest Ohio, you need a trial-tested Toledo medical malpractice attorney who is prepared to take your claim wherever it needs to go to get you justice, accountability, and full financial compensation.
HOW OUR EXPERIENCED TOLEDO MEDICAL MALPRACTICE LAWYERS CAN ASSIST YOU
If you or a loved one has been injured as the result of a medical mistake or error, our experienced medical malpractice lawyer is here to help. We can gain access to your medical records, subpoena your medical providers, and uncover evidence in support of your claim. Contact the Toledo personal injury lawyers at
Groth & Associates today to discuss your situation and the types of compensation you may be entitled to. Serving Toledo, Bowling Green, Fremont and the surrounding areas, we can help; call or contact our office online to schedule a free and confidential consultation.