If medical malpractice led to a spinal infection, you might have a legal claim against the medical providers. A spinal infection medical malpractice lawyer serving Marion at the Fitch Law Firm LLC can evaluate the substance of your case. We can present all available options for seeking compensation for your spinal infection and other subsequent injuries.
These infections may develop if professionals fail to follow protocols to prevent infection. Your situation also may worsen if a doctor fails to recognize the signs of a spinal infection and treat it accordingly. If left untreated, spinal infections can lead to permanent impairments, such as total or partial paralysis.
How an Injury Lawyer on Our Marion Team Can Help You With Your Spinal Infection Case
Dealing with the effects of a spinal infection can be very taxing, but you can rely on our legal team to take care of all aspects of your case on your behalf. We have over 30 years of experience handling medical malpractice cases, and we know what it takes to prove your case.
Our services include:
- Updating you on your case status
- Collecting medical records
- Looking at imaging scans
- Reviewing insurance policies
- Getting medical testimony
- Interviewing your family members to get a sense of how your spinal infection has affected you
We Will Handle Insurance Companies as Well
You can count on us to handle all communication with the liable party’s representatives, including negotiations. Insurance companies for doctors and hospitals will do their best to minimize your injuries and the actions of the professionals in question to avoid paying you anything. With us on your side, we will make it a priority for you to get appropriate compensation.
We work to hold medical professionals accountable for their improper behavior. From failing to diagnose and treat spinal infections to failing to prevent them from developing, we will focus on building a strong case of medical malpractice in your situation.
You Can Start Your Spinal Infection Medical Malpractice Claim Without Paying for Our Legal Services
We offer everyone a free initial consultation about their medical malpractice case. Because we work on a no-win, no-fee basis, you pay us nothing until you receive a damages award for your injuries. Our fees are based on the amount of compensation that you receive.
The Last Thing You Should Worry About Is How You’re Going To Pay For Your Medical Bills.
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How to Know if You Have a Case for Medical Malpractice in Marion, Ohio
All claims for medical malpractice rely on some evidence of misconduct, wrongdoing, or negligence on the part of one or more medical professionals. Liable medical professionals include not only doctors but also nurses, chiropractors, pharmacists, hospitals, doctor offices, and other facilities that provide medical care.
When these medical providers fail to live up to the reasonable standard of care for their profession, they may have committed medical malpractice.
Elements of a Medical Malpractice Claim
According to the Legal Information Institute (LII), medical malpractice cases generally require evidence of the following elements:
The Medical Provider Owed a Duty of Care to the Patient
Medical practitioners, by virtue of their job, are responsible for providing a certain level of care to patients. If you were being legally treated by a healthcare professional, they had a duty to provide safe treatment that did not inflict harm upon you. Duty is one of the simpler elements of a medical malpractice case to establish.
The Medical Provider Breached That Duty of Care or Was Negligent
Breach of duty, on the other hand, can be more complex. Your spinal infection medical malpractice attorney will need to establish that the doctor provided care that fell below the accepted standard within their particular field of medicine. All errors or resulting harm don’t equate to negligence. Unfortunately, sometimes a doctor might be following correct protocols and things still go wrong.
Malpractice comes into play when the physician acts in a way that another similarly trained medical professional would not have under the same set of circumstances, resulting in harm to the patient
The Negligence Directly Caused Injuries to the Patient
If you believe you suffered injuries due to medical malpractice, it must be proven that those injuries were a direct result of the doctor’s violations of standard care.
The Patient Suffered Damages as a Result of Those Injuries
Your injuries must be shown to have caused you to suffer damages that can be monetarily compensated in the state of Ohio. These may be financial losses, physical or emotional losses, or psychological injuries.
Violations of the Duty of Care
Proving that the provider violated their duty of care can be challenging. Injury victims often need testimony or statements from expert medical witnesses to prove that the actions of the medical provider fell below the reasonable standard of care for a medical provider in that situation.
Recovering Compensation in Your Marion Medical Malpractice Claim
As a Marion lawyer from our law firm can explain, compensation in spinal infection cases can vary significantly from one case to another. A spinal infection can have different outcomes; some infections heal with no residual damage, but others cause permanent problems and may even be fatal.
As a result, the extent of your injuries will determine how much and what type of compensation you can receive in a medical malpractice case.
Types of Damages You Can Recoup
The strength and amount of evidence showing that your injuries stemmed from medical malpractice also can impact the amount of compensation that you can receive. A spinal infection medical malpractice attorney serving Marion may be able to help you recover common types of compensation that include:
- Past and future medical expenses: For diagnostic assessments, pain medication, surgery, hospitalization, and follow-up care
- Past and future lost income from an inability to work: Could account for missed business opportunities, hourly pay, bonuses, and vacation time
- Pain and suffering: If your injuries were too painful for you to function as usual. Pain and suffering includes physical injuries as well as mental anguish and emotional distress, such as depression, fear, withdrawal, or difficulty sleeping.
- Loss of enjoyment of life: When your injuries cause you mental turmoil and prevent you from physically functioning at your former capacity, you may not be able to enjoy the same activities and experiences you used to.
Wrongful Death Due to Spinal Infection Medical Malpractice
If a spinal infection causes the loss of your loved one, you and other surviving family members may be eligible for additional damages. Compensation in a wrongful death case also can include damages for funeral and burial expenses, as well as loss of companionship.
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Understanding the Limits on Compensation for Your Spinal Infection Case in Marion, OH
Medical malpractice cases are different from regular personal injury cases when it comes to the amount of damages that you can receive. Ohio Revised Code Section 2323.43 places strict limits on non-economic damages that injury victims can receive in medical malpractice lawsuits. Non-economic damages are losses that can be more difficult to define or compute, such as pain and suffering and loss of enjoyment of life.
Under this code section, you can recover only a total of $250,000 or three times the amount of economic damages that you have been awarded. However, exceptions do apply to these damages caps.
Certain Surgery Conditions Increase the Risk of Spinal Infections
A spinal infection is a bacterial, fungal, and in rare cases, viral infection that spreads to the spine through the bloodstream. The most common causes of spinal infections are Staphylococcus aureus (staph infection), followed by E. coli bacteria.
Patients may contract the infection after spinal procedures or other surgeries. Postoperative infections typically appear within three days to three months after the surgery. The risk of contracting a spinal infection is increased with:
- Prolonged surgeries
- The use of surgical implants or other medical devices
- High blood loss
- Multiple surgeries in the same location of the body
- Urological procedures where veins from the lower spine come up through the pelvis
- Dental procedures
Other more general risk factors also make it more likely to contract a spinal infection, such as:
- A weakened immune system
- Insufficient diet and nutrition
- Obesity
- Older age
- Long-term steroid or intravenous drug abuse
- Certain diseases, including cancer and diabetes
When You Need Us, the Fitch Law Firm LLC Is Here to Help
A spinal infection can have grave results on the health and future of you or your loved one. A spinal infection medical malpractice lawyer from the Fitch Law Firm LLC can help you explore your legal options if you believe that medical malpractice led to your spinal infection.
Contact our Marion office and get started on your free consultation. Get the advice you need during this challenging time in your life.