We expect to get better when we entrust our health to a doctor, nurse, or other medical provider. But when a medical professional makes a negligent mistake at their job, the result is often the opposite: the patient suffers more injury, and their family is burdened even more with financial and emotional distress.
If this has happened to you or to someone in your family, you may have a medical malpractice case. Pursuing a legal claim may compensate you for your substantial expenses and suffering, and help you get your life back on track.
Enlist a capable medical malpractice law firm to handle your claim successfully. In the Dayton, Ohio area, contact the trusted Fitch Law Firm for a free initial consultation. Our firm can provide you with solid legal advice, and effectively represent you in obtaining your medical malpractice settlement. Call us today at (937) 660-4232.
Are You A Silent Victim?
It is estimated that less than 10 percent of all medical malpractice claims in the US are pursued. This means that a vast majority of medical negligence victims never claim the fair payment they deserve for their injuries. Typically, this is because they are discouraged by uncertainties: Do I have a valid malpractice claim? Can I afford to pursue this case? Do I stand a chance of winning?
While such questions should be considered, don’t be disheartened before you begin. Seek professional legal answers from a malpractice lawyer. You’ll understand your case better and know more about your legal options.
At the Fitch Law Firm, we work hard at medical malpractice claims for two main reasons. First, we’ve seen the impact of medical negligence on individuals and families – from piling medical bills and lost wages, to unacceptable pain and suffering. These are losses that no one should have to endure, and we want victims to be rightfully compensated.
Second, and just as important, pursuing a malpractice case means holding the negligent medical professional accountable for their actions. This helps families achieve a sense of justice, and hopefully prevents other people from getting harmed by similar mistakes.
Remember, consulting an attorney about your specific case is the only way to be sure that you are not a silent victim of malpractice in the medical field. We at the Fitch Law Firm are here to provide the guidance you need. If you decide to fight for your case, we are ready to go to bat for you, using our tried-and-tested experience and skills in this area of the law.
Don’t worry about complicated legal paperwork and procedures or dealing with insurance companies. Our firm can handle these problems for you. You also don’t have to risk any money with us, because the only time you pay our lawyer fees is if and when we win your case.
Call (937) 660-4232 today for your free consultation with the Fitch Law Firm.
Types and Examples of Medical Malpractice in Dayton OH Hospitals
Medical malpractice can occur in many different ways, in all kinds of healthcare venues, and involving a variety of healthcare providers and hospitals including Dayton VA Medical Center, Miami Valley Hospital, Dayton Children’s Hospital, Grandview Medical Center and others.
Take a look at these common malpractice types:
- Anesthesia errors. Anesthetics are a significant part of major medical procedures, and they have to be handled by specially trained and skilled anestheticians. The patient could suffer if, for example, the incorrect anesthetic drug or dosage is administered, or the patient’s body reacts negatively to the anesthesia.
- Birth injuries. The highly delicate process of labor and delivery has to be facilitated by careful professionals. Mistakes in this process – such as delaying a necessary Caesarean section, applying too much force, or failing to respond to fetal distress – can cause permanent disorders or death to the infant. The mother may also sustain physical and mental injuries from birthing errors.
- Diagnosis errors. Missed diagnosis, delayed diagnosis, or incorrect diagnosis – these cost patients much of their precious time and money, allowing health conditions to worsen. For instance, one in every 71 cancer cases is misdiagnosed, causing patients to miss their window of time when treatment could have been most effective.
- Emergency Room errors. The ER may be a fast-paced, high-pressure environment, but this does not excuse trained professionals from being careless. Examples of negligent mistakes here are overlooking a patient’s medical history, administering the wrong medication, and failing to respond promptly to signs of distress.
- Hospital negligence. A hospital or clinic management may be held liable in certain scenarios. For instance, they may be to blame for inadequate staffing, untrained or unscreened employees, poorly maintained hospital equipment, and unsanitary hospital conditions.
- Surgical errors. You may have heard of unfortunate cases where a surgeon accidentally leaves a surgical tool or sponge in a patient’s body. This actually happens. Other mistakes in a surgical operation include injuring a nerve or organ, operating in unsanitary conditions, failing to prevent an infection, and performing the wrong procedure.
- Treatment or medication errors. Even when a physician has correctly diagnosed a disease, the patient could still be harmed by the incorrect form of treatment. The doctor could prescribe the wrong drug, a pharmacist could mislabel the medication, or a nurse could provide the wrong dosage. As a result, the patient incurs unnecessary expenses and may suffer from complications to their illness.
How Do We Prove Medical Malpractice?
Just because there was a bad medical result doesn’t mean it was caused by medical malpractice. Under the law, a valid malpractice case has to have these four elements:
- A doctor-patient relationship. The injured person must have been a formal patient of the medical professional. It does not count if, for example, the person was harmed because he followed an online article written by a physician.
- The doctor’s care fell below the standard. Medical professionals have to uphold a “standard of care”, which is the reasonable kind and level of care that any average professional in their field should have applied.
- The doctor’s failure caused harm. There must be direct causation between the physician’s failure and the patient’s injury. For instance, if the patient neglected his own post-surgery wound despite doctor’s advice, and it resulted in an infection, it may not be valid grounds for a malpractice claim.
- There is quantifiable harm. The patient’s injury must be calculable in terms of legal damages.
It is highly challenging to prove these elements and to assert a claim amount in a malpractice case. The Fitch Law Firm is skilled, experienced, and resourceful in this regard. These are some of the crucial tasks we can fulfill to help ensure the success of your medical negligence claim:
- Obtaining your medical records and thoroughly reviewing them to get to the bottom of your case
- Pinpointing the cause of your injury
- Strategizing on how the law can best apply in your case
- Enlisting medical experts to provide strong support
- Gathering and tactically presenting evidence
- Contending with defense lawyers in a skillful and assertive way.
The Fitch Law Firm has competently accomplished these tasks in and out of the court, obtaining high-value settlements and verdicts for our clients. Our successful medical malpractice claims include a $2.65 million birth injury case, a $1.55 million delayed diagnosis wrongful death case, and a $1.2 million delayed diagnosis injury case.
Talk to the Fitch Law Firm today to see how our effective legal service can work for you.
Crucial Things To Know In Your Ohio Malpractice Claim
- Act right away. It is vital not to delay a medical malpractice claim, as there is a law called “statute of limitations” setting a time limit to file the claim. The statute of limitations for a malpractice claim in Ohio is one year. This means that you must file your claim within one year after you discovered or should have discovered your malpractice injury. Once the deadline has passed, you may likely lose the right to bring a lawsuit.
- A trial is not always necessary. In fact, many cases of medical malpractice are resolved and settled before they go to court. However, even though you do not necessarily have to proceed to trial, it is important that you are protected by a lawyer throughout your case. You can expect that the doctor or hospital you are up against is well-equipped and prepared to undermine your case. Your attorney is crucial in leveling the playing field.
- Expert knowledge is essential. A huge part of a malpractice claim relies on the testimonies of medical experts. Your lawyer should be able to enlist an expert who supports your claim with sound and persuasive medical opinion. For your part, you’ll want to be forthcoming with the expert when discussing your medical procedure and injury.
- Choose the right lawyer. The reality is that not every lawyer is able to handle a case as complex as medical malpractice. Be discerning when choosing a lawyer to avoid wasting money, time, and effort. Look for one who has years of experience and has been proven successful in malpractice claims like yours. It also helps to look at testimonials to see how the attorney deals with their clients. You’ll want your lawyer to be considerate towards you in this stressful period in your life.
Contact an Experienced Dayton Medical Malpractice Attorney
- Over 30 years of experience
- Documented successful in medical malpractice claims
- Accessible, responsive, and compassionate in serving you
- You pay no fee unless we obtain money for you.
If you think that you or someone you love is a medical malpractice victim, discuss it with the Fitch Law Firm. Ohioans have trusted our firm for decades now, and we can provide the same top-quality legal service to you. Your initial consultation with us is absolutely free and confidential.
Talk to us about your case. Call (937) 660-4232 today.