Medical errors can have profound impacts on patients and their families, leading to unexpected challenges and hardships. Whether it’s a misdiagnosis, surgical mistake, or medication error, the consequences can be life-altering. If you or a loved one has suffered due to a medical error, obtaining experienced legal representation is crucial. Our Dayton Personal Injury Law Firm specializes in addressing the complexities of medical error cases, advocating for the rights and compensation of those affected.
Damages You Can Recover From a Medical Error
In Ohio, medical errors generally fall under personal injury law. Victims of medical errors can hold their medical care providers liable for any injuries or illnesses the providers cause.
Our legal team can review your damages, which may include both economic (financial) costs and non-economic (physical or emotional) costs, such as:
- Pain and suffering
- Mental or emotional suffering, including types of trauma
- Reduced quality of life
- Recent and future medical bills
- Wages you couldn’t earn due to your injuries or illness
- Earnings from your benefits and pensions you couldn’t collect
- A reduced earning capacity
You may be able to qualify for other damages we haven’t listed.
You Can Pursue Compensation for the Death of a Loved One
Some victims of medical errors pass away. These victims may have suffered, and their families may be traumatized. If your loved one lost their life due to a medical error or any kind of medical malpractice, our team can pursue wrongful death compensation.
You may be able to collect wrongful death damages, such as:
- Loss of consortium
- Loss of companionship
- Loss of parental guidance
- Loss of emotional support
- Funeral expenses
- Any of your loved one’s medical depts
Measuring Non-Economic Damages
With non-economic damages, like pain and suffering, we may assign monetary values to the damages to help us determine the value of your case. We’ll include these values in your demand letter to the defendant.
What Causes Medical Errors?
Medical errors can occur when a healthcare professional or facility acts negligently during any of the stages of patient care. Medical errors happen during diagnosis, treatment, aftercare, and health maintenance. In your case, our team can go through your medical records and consult experts to determine when and how the incident occurred.
Some examples of medical negligence and errors can be:
- Disregarding a patient’s medical history
- Treating a patient without their consent
- Performing an unnecessary medical procedure
- Prescribing an inaccurate medication dosage
- Failing to diagnose a medical condition
- Misdiagnosing a patient
- Misinterpreting lab results
- Surgical errors
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How We Prove a Medical Error
To prove a medical error or any kind of medical malpractice, your attorney must demonstrate that your injuries, your illness, or your loved one’s death occurred due to the healthcare provider’s negligence.
In doing so, your attorney must establish the components of medical negligence:
The Other Party Provided Medical Care
First, we must show that the medical provider/facility provided you with medical care. If the other party is a physician, we must establish that a doctor-patient relationship exists.
The Other Party Was Irresponsible in Providing You With Care
Medical professionals and facilities are responsible for providing their patients with safe healthcare. If your provider/facility did not provide you with responsible care, they acted negligently.
Our firm can connect with medical experts to testify about negligence in your case.
The Other Party’s Irresponsibility Led to Your Injuries or Illness
Finally, your lawyer must establish that the other party’s actions (or lack of action) led to your injuries or illness. There must be a clear link between their action or inaction and your damages. Your lawyer may be able to point to your medical records to help establish this correlation.
We Also Can Help:
Investigate the Malpractice Incident
Our firm can fully investigate your incident to uncover what happened. We will collect documentation and evidence to build your claim. Such information may be:
- Your medical records
- Witness testimonies
- Relevant photographs
Build Your Case for Compensation
After we’ve gathered the documents and other information we need, our team will put together effective strategies for your case.
For example, we may hire a medical expert to testify in your defense and help us establish how the medical malpractice occurred. The expert may be able to verify an affidavit of merit if we need one (per Ohio Revised Code Section 2323.451).
Negotiate a Settlement or Fight for You in Court
We’ll try to get a fair settlement from the other party’s insurer. If they don’t offer a fair settlement, we’ll negotiate until we find a fair settlement or go to trial.
If the other party denies responsibility altogether, we can also take them to trial. There, we’ll argue your case to a judge and jury.
Reach Out to The Fitch Law Firm LLC Today for a Free Consultation
You don’t have to take on the insurer and the lawyers yourself. Instead, have one of our attorneys advocate for you on a no-win, no-fee basis. That means we won’t take any payment until we resolve your case.
During a free initial consultation, we’ll go over your case and help you explore your legal options. If we decide together to file a claim or lawsuit, we’ll take care of it for you while you focus on health and family matters. Contact The Fitch Law Firm LLC at (937) 660-4232 today.