If your health was damaged by a recent medical error, our Dayton medical misdiagnosis lawyer can help you file an effective insurance claim or lawsuit. We will document your case and speak to relevant medical experts.
Our Dayton personal injury lawyer at The Fitch Law Firm LLC will handle all communication related to your case. We will deal with the insurer and negotiate a settlement so you can focus on getting better. Call us today for a free initial consultation.
Clients Never Pay Upfront or Out of Pocket to Secure Our Advocacy
Our medical malpractice attorneys work on a contingency-fee basis. This means that you won’t pay any upfront costs or hourly fees for our legal services. Instead, our payment is contingent upon the successful resolution of your case. If we secure a settlement or win a judgment in your favor, our fees will be a pre-agreed percentage of the compensation you receive. We never ask that you pay upfront retainers, hourly rates, or by-the-service fees.
Our Dayton medical misdiagnosis lawyers understand the stress and financial burden that can come with a medical error or omission. That’s why this contingency-fee arrangement is designed to minimize your financial risk. You can pursue justice and seek the compensation you deserve without worrying about the cost of legal representation. We’re committed to providing transparent and effective legal support, ensuring that you’re informed and comfortable throughout the process.
Damages You Can Recover for a Medical Misdiagnosis in Dayton, Ohio
Recovering from a misdiagnosed medical condition can mean medical care and lengthy recovery times. Our medical misdiagnosis attorney will help you recover the following medical expenses:
- Hospitalization
- Rehabilitation
- Surgical procedures
- Medications
- Assistive devices
- In-home support
We also request compensation for expenses and losses related to your recovery, including lost wages, pain and suffering, disability and disfigurement, and mental and emotional angst.
In rare cases, you might also be eligible for punitive damages. They are typically awarded in cases of egregious wrongdoing. Our case assessment team will inform you if your case qualifies for this type of compensation.
Wrongful Death Damages Our Medical Misdiagnosis Lawyer Will Request
A medical misdiagnosis that results in the death of a loved one can leave you in emotional and financial turmoil. While nothing can atone for your loss, our legal team will help your family recover appropriate compensation.
Wrongful death damages can include:
- Loss of your loved one’s financial support
- Loss of your loved one’s household support
- The decedent’s funeral and burial expenses
- Loss of the decedent’s care and guidance
- Loss of consortium, society, and companionship
- Mental and emotional anguish of their survivors
We also take time to explain which family member can receive wrongful death damages and the steps involved in filing a wrongful death action in Ohio.
The Last Thing You Should Worry About Is How You’re Going To Pay For Your Medical Bills.
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Our Dayton Lawyers Have Secured Millions in Settlements and Verdicts
To date, our medical malpractice attorneys have recovered more than $150 million in compensation for injured clients and grieving families. We believe that our previous case results illustrate our commitment to your case’s outcome, as they show our familiarity with navigating the claims process.
Some of our case results include:
- $2.6 million for a birth injury. Our client’s child suffered a serious neurological injury following insufficient medical care. The mother’s healthcare team also failed to recognize that she was asthmatic, causing her to suffer cardiac arrest after delivering her child.
- $1.5 million for a misdiagnosis. A correct diagnosis of a rare form of cancer could have saved or extended our client’s life. Yet, because of a misdiagnosis, he passed away. We secured compensation for his surviving beneficiaries.
- $1.2 million. Our client’s healthcare team failed to promptly diagnose her condition, leading to permanent kidney damage.
The outcomes of these cases reflect specific scenarios—not necessarily your own. Your claim’s value rests on the severity of your condition and the egregiousness of the error, among other factors.
How to Know When a Medical Misdiagnosis in Dayton Is Malpractice
Every unfavorable outcome or medical decision with which you disagree may not constitute medical neglect. If a misdiagnosis occurred, we will examine the details of your case to determine if it is considered medical malpractice.
If your case qualifies, our medical misdiagnosis lawyer serving injured clients in Dayton, OH, will document your case and request the financial compensation you need and deserve. At The Fitch Law Firm LLC, our team of attorneys is compassionate but aggressive and will work hard to help you start putting your life back together.
Types of Medical Misdiagnosis Victims Our Law Firm Represents
A misdiagnosis can go unnoticed until an accurate diagnosis is made. When that happens, your condition may worsen, requiring longer—and more costly—recovery times.
Some commonly misdiagnosed medical conditions include:
- Brain hemorrhages (also known as “brain bleeds”)
- Cancer
- Fibromyalgia
- Heart attacks
- Infections
- Lyme disease
- Pulmonary embolisms
- Strokes
Misdiagnosis can occur for a variety of reasons. Symptoms of the same disease can present differently in men and women, and test results can be inaccurate or misinterpreted. If the cause of your current condition was negligence, we will help you hold the at-fault party accountable.
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The Role of Negligence in Dayton Medical Misdiagnosis Cases
To recover damages in your medical malpractice case, we help you prove that negligence led to it. Doing so on your own can be overwhelming. The elements of medical negligence include duty of care, breach of duty, causation, and damages. We prove these elements with a robust evidence collection.
Our team handles this obligation rather than tax you or your family with this time-consuming and potentially daunting task. Additional tasks we handle for your family include all communication with the insurance company. We even represent you in settlement negotiations, fielding and weighing each settlement offer and guiding you toward a well-informed final decision.
Our Medical Misdiagnosis Lawyer Will Build a Compelling Evidence File
Proving your misdiagnosis is a complex legal and medical matter. To strengthen and support your case, we obtain evidence that includes:
- Medical records prior to your accurate diagnosis
- Medical records indicating your accurate diagnosis
- Your written statement about its effect on your life
- Results of medical tests and examinations
- Statements from lay and expert witnesses
We do more than build a solid case file. Our client-focused team also conducts depositions and discovery sessions, organizes your evidence, and submits it to the at-fault party and their insurance company.
We know how hard it can be to wait for a resolution to your case, so we keep you updated at each phase.
Who Our Medical Misdiagnosis Attorney Can Pursue for Compensation
Various healthcare professionals can act negligently, causing medical mistakes. When we accept your case, we delve into the reason your misdiagnosis occurred to determine who to pursue for damages. Potentially liable parties can include:
- Physicians, nurses, and medical staff
- Surgeons and surgical staff
- Hospitals and medical laboratories
- Medical equipment manufacturers
We will learn about your case and the substandard medical care you received by listening to your story and examining the supporting documents. Our team will also consult medical experts who can substantiate your case. We lead you through the entire legal process.
Your Medical Misdiagnosis Case Must Be Supported by an Affidavit of Merit
Medical malpractice cases in Ohio are required to have an Affidavit of Merit, according to Ohio Revised Code Section 2323.451. It is a sworn testimonial from a qualified medical expert who attests to the validity of your case. It will:
- Contain a detailed review of your misdiagnosis
- Define the accepted medical standard of care
- Attest that your care did not meet the standard
- Agree that medical negligence led to your misdiagnosis
Our familiarity with medical malpractice cases means we understand the qualifications the expert witness must have. We will locate and consult with an eligible medical expert and obtain the Affidavit of Merit for you.
Explore Your Compensation Options for Medical Misdiagnosis in Dayton
Our law firm is committed to helping injured clients recover financial compensation. If you or someone you love suffered a healthcare setback due to a misdiagnosed medical condition, we are on your side. We provide client-focused legal representation and can tailor a strategy to suit your unique circumstances.
Find out how hard we go to bat for you by contacting one of our team members at The Fitch Law Firm LLC. Today, you can learn more about how hard our Dayton medical misdiagnosis lawyer will fight for you.