Doctors, dentists, nurses, and other medical professionals sometimes make mistakes, whether through carelessness, neglect, or negligence (called “medical malpractice”). When these mistakes injure patients, there can be legal consequences. Medical malpractice is a leading cause of personal injury lawsuits in the United States. With over 250,000 individuals across the country affected each year, medical malpractice can lead to severe physical, mental, and financial damage.
In 2021, there were 201 medical malpractice cases in Ohio State alone. In these instances, a total of $74.27 million was paid out to claimants, at an average of $370,000 per case. Medical malpractice lawsuits are often filed following incidents such as:
- Misdiagnosis
- Delayed diagnosis
- Failure to obtain informed consent
- Incorrect treatment
- Wrongful death
- Emergency room negligence
- Anesthesia errors
- And more
Whether it’s an incorrect diagnosis, a mistake during surgery, or other forms of negligence, we believe you deserve compensation for the wrong done to you. At Graham Law, our Ohio medical malpractice attorneys have assisted clients with their negligence claims since 1923. Contact our team today for a free consultation if you or a loved one require legal assistance.
What is a Medical Malpractice Claim in Ohio?
Medical malpractice claims in Ohio arise when a healthcare provider’s negligence causes injury or harm to a patient. These cases often involve complex legal and medical issues, from misdiagnoses to surgical errors or improper treatment. Understanding what constitutes medical malpractice and how to pursue a claim is crucial for protecting your rights and receiving the compensation you deserve. If you believe you’ve been a victim of medical malpractice, contact Graham Law for help seeking justice.
Steps to Take If You Have Been Affected by Medical Malpractice
Pursuing a medical malpractice case in Ohio requires careful navigation of legal procedures and requirements. If you have suffered damages due to medical malpractice, you may have the right to pursue a claim against the professional who hurt you. Although there are many avenues by which you can pursue a legal claim in Ohio, there are steps you can take to help ensure that your case proceeds with fewer complications:
1. Speak with a medical malpractice attorney. Hiring an experienced medical malpractice attorney can be extremely beneficial if you wish to pursue a lawsuit against a medical professional or organization. An attorney can provide useful advice in navigating complex legal procedures, gathering necessary evidence, and advocating for your rights throughout the litigation process.
2. Determine whether you have a valid case. Before proceeding with a medical malpractice claim in Ohio, it’s crucial to establish that your situation meets the legal criteria for malpractice. To do so, you must verify that:
- A doctor-patient relationship existed between yourself and the medical professional you are pursuing a case against.
- Your healthcare provider acted negligently by deviating from the accepted standard of medical care.
- You have suffered injuries and damages as a result of your doctor’s negligence. This can include physical harm, worsened medical conditions, emotional distress, burdensome medical expenses, lost wages, and more.
- The statute of limitations for your case has not elapsed, and you have filed your lawsuit within the state-prescribed time frame. In Ohio, the statute of limitations for medical malpractice cases is generally one year from the date the injury occurred.
3. Document the incident and gather evidence to prepare your case. By collecting medical records, doctor’s notes, test results, and other relevant documents, you can help legally prove that you deserve compensation for the negligence that affected you. Keep records of any difficulties that you have experienced relating to your injury, including:
- Medical bills
- Receipts
- Documentation of lost wages
- Other financial losses
- And more
Gathering witness and expert statements can also help strengthen your case. Medical malpractice cases often require testimony from witnesses and medical professionals who can evaluate the standard of care you received.
4. File your lawsuit and begin legal proceedings. To pursue compensation, we recommend that you speak with an attorney to initiate a lawsuit. Here are steps our medical malpractice attorneys can assist with:
- File a complaint in the appropriate court that outlines your allegations against the healthcare provider in question.
- Exchange evidence and information relevant to your case with the defendant and their team. This may include depositions, written questions, and other documents.
- Begin settlement negotiations or begin your trial in court. If you choose to settle outside of court, you and your attorney will negotiate the terms of your compensation with the defendant. If an agreement cannot be reached, your case will proceed to trial. In this event, a judge or jury will make a final decision about the compensation you are owed (if any).
Navigating a medical malpractice case in Ohio can be complex. It is always advisable to seek guidance from a medical malpractice attorney who has had experience navigating similar legal circumstances. Our Cambridge and Zanesville medical malpractice attorneys can provide personalized advice based on the specifics of your situation and help you navigate your case. No matter where you are located in Ohio, contact us at Graham Law today to schedule a consultation.
How Our Medical Malpractice Attorneys Can Help
At Graham Law, our attorneys are ready to provide tailored advice and services when it comes to your medical malpractice case. With a firm grasp of Ohio’s legal procedures, our attorneys help clients across the state pursue the compensation they deserve in a variety of ways. Here are some benefits of working with our legal team:
1. Experience in medical malpractice law. Our attorneys at Graham Law have a thorough knowledge of medical malpractice and negligence law. We understand the intricacies of legal medical standards. As a result, our team can evaluate your case to determine if and when malpractice occurred based on established legal principles. In addition, we can conduct a comprehensive review of your medical records, consult with medical experts if necessary, and analyze the circumstances surrounding your treatment. By doing so, we can assess the strength of your case and help you decide how to pursue your claim.
2. We help our clients navigate the legal process. Medical malpractice cases and lawsuits involve complex legal procedures that can be intimidating to handle alone. These include filing deadlines, court rules, and requirements for evidence presentation. Our attorneys at Graham Law can guide you through each step of the process, ensuring all of your legal documents are submitted correctly and on time. Graham Law’s medical malpractice team can also negotiate with insurance companies or other opposing parties to help you achieve a fair settlement. With over 100 years of experience practicing law in Ohio, our attorneys can assess the value of your claim and advocate for your rights.
3. Our team can assist you in building a strong case. Medical malpractice cases place the burden of proof on the claimant. Our Ohio medical malpractice attorneys have the resources to gather crucial evidence to help you prove that negligence occurred. This may include medical records, expert testimonies, witness statements, and more. If your case goes to trial, our attorneys can represent you in court. With experience presenting arguments, examining witnesses, and negotiating favorable settlements, you can have peace of mind knowing our medical malpractice attorneys are on your side.
Schedule a Consultation With Our Ohio Medical Malpractice Attorneys Today
Medical malpractice or negligence can be extremely traumatic. Your mental, physical, and financial health are all put at risk when a doctor you trust fails to carry out their duty of care. At Graham Law, our medical malpractice attorneys believe you should not have to live with these consequences without being compensated. With offices located in Cambridge and Zanesville, we are ready to serve clients across the state of Ohio. If you or a loved one has been affected by medical malpractice, contact our law firm today and schedule a consultation.
