According to a study by Johns Hopkins Medicine, medical malpractice kills an estimated 250,000 people every year. Medical mistakes kill more people every year than every type of preventable accident combined, including poisoning, slips and falls, vehicle accidents, workplace accidents, suffocation, drowning, and nursing home deaths.
In addition to potentially being fatal, medical malpractice can lead to serious long-term health issues, significantly higher medical treatment expenses, time away from work, delayed recovery, and untold amounts of pain and suffering for the victim.
If you or a loved one was harmed in any way by a doctor or another health care professional, work with a Dayton medical malpractice lawyer from the Fitch Law Firm, LLC, to fight for the compensation you may be entitled to collect for your injuries. Call our team at (937) 660-4232 now for a free, no-obligation case evaluation.
Gross Incompetence and Negligence Can Lead to Medical Malpractice
In most cases, you can sue for medical malpractice if you can show that the actions or inactions of a doctor, nurse, or health care worker resulted in some form of catastrophic harm to you. There are many ways malpractice can occur, and there are many different injuries, damages, and losses you can suffer as a result.
If you can prove that a reasonably competent and experienced medical care provider would have treated you differently from how your medical care provider treated you, and that you likely would not have been injured or harmed the way you were as a result, you may have grounds for a medical malpractice lawsuit.
Below are the most common ways medical malpractice occurs:
A misdiagnosis occurs when a doctor incorrectly diagnoses a patient’s illness or ailment. There are many reasons this can occur. Several illnesses can share the same symptoms that a patient has, and inaccurate tests can indicate one illness instead of the correct illness. A misdiagnosis may occur if:
- The doctor lacks experience
- The doctor or other health practitioner fails to conduct the right tests
- The patient’s medical history records are incomplete
A delayed diagnosis occurs when a doctor correctly diagnoses their patient but takes too long to do so. During the delay, the patient’s condition may worsen or even become untreatable.
Doctors are expected to know how to assess and test patients, and they are expected to know how to identify specific ailments. They must also do so within a reasonable amount of time. A failure or inability to do so, despite being allowed to work in the medical field, can be tantamount to negligence.
Failure to Administer Tests or Treatments
Conducting the right tests and administering the right treatments in response to a given diagnosis are part of a health practitioner’s job. If a health practitioner does not perform the correct tests to diagnose a condition, or does not order treatments to combat a condition, they may be considered negligent and be held liable for medical malpractice.
Surgeries are complex medical procedures. The smallest of errors while performing surgery can have serious consequences. If a surgeon performs an unnecessary surgery on a patient or does not complete their procedure, they might force the patient to undergo an additional procedure to remedy the medical errors.
Inadequate training, treatment errors, drug issues, medical device issues, infections, and equipment left behind inside the body of the patient are examples of surgical malpractice.
Birth injuries are very common. An infant may suffer damage to their nerves, brain, or other body parts if a delivery team uses the incorrect assistive devices during delivery or if they do not recognize signs of fetal distress.
A lack of follow-up care may also lead to serious issues for the newborn infant, such as jaundice or meningitis. This often happens when adequate patient tracking and care are not provided after a baby is delivered.
Issues with medically-related products may harm a patient, especially when highly specific materials or equipment are needed. Some examples include:
- Product malfunctions, e.g., pacemaker issues
- Equipment failures, e.g., diagnostic equipment or defibrillator failures
- Devices that break up or get left inside a patient
- Mislabeling items, e.g., gauze, injections, or blood samples
A Lack of Risk Warning
A doctor may also harm a patient if they do not provide the patient with the information they need to understand the risks involved with a certain treatment or procedure and give informed consent.
Patients have a right to know what treatments their doctor intends to perform on them. If you were injured or harmed in a way you did not know about or expect from a procedure because your doctor did not tell you about such harm, you may be able to sue for malpractice.
You May Be Able to Collect Compensation for Your Damages
Depending on how your medical malpractice case occurred, you may be able to seek compensation for the following damages after suffering an injury at the hand of a doctor, nurse, or another medical practitioner:
- Medical costs
- Lost income
- Lost ability to work
- Pain and suffering
- Travel to and from hospitals or doctor’s appointments
An attorney may be able to help you estimate the value of these losses. However, we only accept cases involving a catastrophic injury or death. Contact the Fitch Law Firm, LLC, to start working with a Dayton medical malpractice lawyer. Call us now at (937) 660-4232 to discuss your case.
A Medical Malpractice Lawyer Can Help You with Your Claim or Lawsuit
If you decide to work with a medical malpractice lawyer, they can help you by:
- Determining if your case is still within the statute of limitations, which generally gives claimants one year to file a medical malpractice lawsuit, according to the Ohio Revised Code (ORC) § 2305.113
- Obtaining evidence of your doctor’s wrongdoing from the likes of treatment records and second opinions from other doctors
- Helping you obtain a certificate of merit from an approved medical provider that attests to the severity of your injuries and substantiates your claims for compensation
- Issuing the at-fault party’s insurer a letter of intent to sue
- Negotiating a settlement with the at-fault party’s insurer on your behalf or taking your case to court if you are issued a denial
The Fitch Law Firm, LLC, Is Here to Help
The Fitch Law Firm, LLC, wants to pursue compensation for your medical injuries on your behalf. To determine if you have a medical malpractice case, contact us today at (937) 660-4232. A Dayton medical malpractice lawyer from our firm may review your case, and our team may help you gather evidence, understand the laws that apply to your case and file a claim for compensation.