Dayton Amputation or Loss of Limb Medical Malpractice Accident Lawyer

Experiencing an amputation or loss of a limb due to medical malpractice is a life-altering event that can have profound impacts on your physical capabilities, emotional well-being, and overall quality of life. Navigating the aftermath of such a significant medical error requires not only comprehensive medical care but also skilled legal representation to ensure that your rights are protected and that you receive the compensation you deserve for this grievous harm. Our Dayton Medical Malpractice Lawyer team is dedicated to supporting victims of medical malpractice, employing our extensive knowledge and resources to advocate on your behalf.

Damages You Could Recover For Amputation Or A Loss Of Limb In Ohio

Taking legal action after a medical error causes an amputation or loss of a limb may compensate you for the hardships you have faced. A lawyer in our Dayton office can help you seek financial recovery for:

• Medical expenses (past, present, and future)
• Loss of wages
• Loss of earning capacity
• Rehabilitation services (physical therapy, occupational therapy)
• Mental health counseling
• Pain and suffering (physical pain, emotional distress)
• Loss of life enjoyment

Wrongful Death Damages

Our lawyer in Dayton can help you recover wrongful death damages if your loved one dies from an amputation or loss of limb injury. You could receive compensation for:

• Funeral and burial expenses
• Final medical bills
• Pain and suffering
• Loss of companionship, emotional support
• Lost income that the deceased would have provided for the family

We Can Help You Establish Negligence And Calculate Damages In Your Case

As you face the challenges brought on by such a significant injury, understanding the full scope of legal options available to you is crucial. Compensation in medical malpractice cases can cover a wide range of needs, from medical expenses and rehabilitation costs to compensation for pain and suffering and lost earnings. Our Dayton Personal Injury Lawyer is equipped to guide you through the legal process, ensuring you have the support needed to seek justice and secure the compensation necessary to support your recovery.

We can help you with two essential tasks:

We Will Establish Negligence In Your Malpractice Case

If you become our client, we will investigate to determine who is liable for your injuries. We will review all evidence and may collect additional evidence that can help us with this task. Once we identify those parties, we will have to establish that negligence resulted in your amputation or loss of limb.

Various parties could be negligent in a medical malpractice case, including:

• Doctors
• Nurses
• Surgeons
• Anesthesiologists
• Hospitals
• Medical centers

To prove that your case satisfies four elements of negligence, we must show:

• You had a doctor-patient relationship with the medical provider, and that they owed you a duty of care when they agreed to treat you for your ailment.
• The medical provider failed to give you care that meets an accepted standard in the medical community, breaching their duty.
• The medical provider’s negligent conduct caused your preventable limb loss.
• You suffered measurable and compensatory damages as a result of your injury.

When appropriate we will consult with medical experts who can offer specialized knowledge to support the claims made in your case. Their professional opinion can explain how the medical professional or facility in your case deviated from the accepted standard of care when treating you.

We Will Calculate Your Damages And Place A Value On Your Case

It is crucial to identify all of your expenses and other losses to value your medical malpractice case. Recoverable losses include those without a dollar amount, such as pain and suffering. Taking the time to assess your case helps us determine what compensation is fair to you.

We will review all of the documentation you have for your losses and identify other losses you may not be aware that you have. We can also consult with expert witnesses and other professionals who can help us determine your amputation and loss of limb’s impact on your health and financial future.

We Can Prepare Your Claim And Keep You Updated As Your Case Progresses

• Prepare a claim for you and submit it for review to the liable party’s insurer
• Negotiate with all parties for a settlement in your case, including the opposing party’s attorney and insurance company
• Represent you in all meetings and manage all case communications
• Prepare and file your lawsuit within state deadlines
• Prepare your case for trial, if necessary
• Keep you updated on case developments

Our lawyers will make sure all necessary paperwork is included with your lawsuit. This includes the affidavit of merit, as outlined in Ohio Rule of Civil Procedure §10(D)(2).

Can You Afford A Lawyer To Represent You?

We understand that cost is a significant consideration when seeking legal representation, which is why we handle injury cases on a contingency fee basis. We will start work on your case with no upfront expenses or out-of-pocket costs from you.

If you do not receive financial compensation for your case, we will not charge you a legal fee. If we recover compensation for you, we will take our payment from your settlement or court award. There is no financial risk involved to get your case started.

Negligent Actions That Can Lead To Medical Malpractice Suits

A preventable amputation due to medical malpractice can happen when a medical professional:

• Fails to promptly diagnose a patient’s injury, causing it to worsen
• Operates on the wrong body part or the wrong patient
• Damages a patient’s limb during a medical procedure
• Dresses an injury improperly, leading to infection
• Does not follow the expected standard of care in the present medical situation

The Fitch Law Firm LLC can review the circumstances of your amputation injury and determine if you have a case for damages.

Amputation Or Loss Of Limb Medical Malpractice FAQ

The loss of a limb can be particularly distressing. Not only will you deal with the physical trauma of your accident, but the emotional and psychological distress of the experience could traumatize you. You need answers, and you need them now.

We have answered some of the more commonly asked questions regarding medical malpractice and amputations below. However, don’t hesitate to contact our office if you have additional questions we did not address. In addition, we can discuss the circumstances of your case during a free consultation.

What Is Informed Consent?

Your healthcare provider must obtain your informed consent before providing any treatment. If your healthcare provider does not inform you of the risks or side effects of a specific treatment, you cannot give your informed consent.

For example, your informed consent may be invalid if you do not understand how your treatment will work or what to expect after the procedure or treatment in question. However, healthcare providers will often argue that the injury or illness a victim suffers relates to their treatment.

Instead, medical mistakes cause many of these conditions, including an avoidable amputation or loss of limb. Your attorney will need to evaluate your case details thoroughly to prove your healthcare provider’s negligence caused your injury or illness.

Can I Settle My Case Outside Of Court?

Yes, you have the right to settle your case outside of court. Many medical malpractice victims, particularly those dealing with debilitating conditions like amputation, hope to avoid the long and often drawn-out process of civil litigation. If the liable party has malpractice insurance, you could secure a settlement through the insurance company and avoid bringing your case to court.

However, if your settlement insufficiently meets your needs, or the insurance company refuses to settle your claim fairly, your attorney may recommend taking your case to trial. Here, a judge and jury will hear your case and determine whether the defendant’s negligence is responsible for your amputation.

Reach Out To The Attorneys At The Fitch Law Firm LLC Today To Get Started On Your Case

Call the Fitch Law Firm LLC today for a free consultation to learn more about how our lawyer can help you seek financial recovery in your medical malpractice case. We encourage you to contact us as soon as you can after your amputation injury.