Health care providers are entrusted with providing their patients quality care to treat their injuries, illnesses and ailments. When one provides substandard care that causes harm to a patient, he or she may be held liable for medical malpractice.
However, a decline in heath under a doctor’s care does not necessarily mean you have a case for medical malpractice. Instead, there are specific qualifications that must be met to hold a doctor liable for professional negligence. Below, O’Connor, Acciani & Levy’s Cincinnati medical malpractice attorneys have compiled a list of frequently asked questions to help you better understand medical negligence and when you may have a claim for compensation.
If you have additional questions, call (877) 288-3241.
Medical malpractice occurs when a doctor, hospital or other medical practitioner causes injury to a patient, either through an act of negligence or omission.
If a medical practitioner fails to act in accordance with the medical community’s standards of practice in the diagnosis and treatment of a patient, he or she may be responsible for all resulting damages.
To receive compensation from the at-fault medical professional, you must be able to show that the following elements were present in your claim:
Medical malpractice encompasses a large variety of cases concerning professional negligence by medical practitioners or health care facilities. Our attorneys regularly see medical malpractice claims regarding:
Medical malpractice can occur at every level in all fields of medicine. This means that any medical practitioner who played a role in your health care or treatment can potentially be held liable for medical negligence, including:
Our attorneys will thoroughly review your claim to determine when the act of malpractice occurred and which party can be held liable for your resulting damages.
In Ohio, victims of medical negligence can pursue two types of compensation for a medical malpractice claim: economic and non-economic damages.
Economic damages provide compensation for a patient’s financial losses after the act of malpractice. In Ohio, there is no cap limiting the amount of economic damages you are allowed to receive, including:
Additionally, certain victims of medical malpractice may be entitled to non-economic damages. Non-economic damages include compensation for:
Unlike economic damages, Ohio limits the amount of non-economic damages you can recover through a medical malpractice lawsuit.
A patient cannot receive more than either $250,000 or three times the patient’s economic losses, whichever amount is greater. Furthermore, the non-economic damages awarded for a medical malpractice lawsuit in Ohio shall not exceed a maximum of $350,000 for each patient or $500,000 for each occurrence.
However, the amount of non-economic damages that can be awarded may be extended to $500,000 for each patient or $1 million for each occurrence if the patient suffers a significant injury, such as:
Ohio has a one-year statute of limitations for a patient to file a medical malpractice claim against a negligent health care provider or medical facility.
The deadline to file a claim begins on the date the patient first suffered his or her injury, or when he or she should have known through reasonable care that he or she had been injured.
However, regardless of when you discovered your injury, you must file a claim within four years of receiving negligent medical treatment.
If you fail to meet these deadlines, your claim will likely be denied and you cannot pursue compensation from the at-fault party.
If you believe you have a valid medical malpractice claim, you should consult with an attorney as soon as possible. When hiring an attorney, consider his or her knowledge and experience handling medical malpractice claims.
At O’Connor, Acciani and Levy, our attorneys will help you by establishing the medical standard of care that should have been applied when the at-fault party provided you treatment. We will then build a case that effectively demonstrates how the at-fault party failed to meet this standard and the resulting harm it caused it you.
Our attorneys will gather substantial evidence to support your case, including your past and present medical reports to compare your health before and after receiving substandard treatment. We will also interview medical experts who can provide key evidence through detailed testimony, while walking the jury through your condition, the appropriate course of treatment or diagnosis method you should have received, and what the at-fault doctor did, or should not have done, at each stage of care.
The cost of hiring an attorney can be worrisome to most people, especially if you are filling a claim for a medical error.
However, at O’Connor, Acciani and Levy, our medical malpractice attorneys work only on a contingency fee basis. This means you will not be charged upfront to retain our qualified and skilled legal services, and you only have to pay us if you are compensated for your claim.
If we are able to help you recover compensation, we will only charge you a percentage of your recovery for the assistance and guidance we provided.
Medical malpractice claims are often complicated cases that require an attorney who has the knowledge of health care and the law.
At O’Connor, Acciani and Levy, our skilled medical malpractice attorneys are qualified to handle all varieties of medical negligence claims. We will combine our experience in personal injury law and medical knowledge to effectively represent your claim and establish that your condition was caused by the at-fault party’s negligence.
Do not hesitate to contact us for a free, no obligation consultation. Our medical malpractice attorneys will review your claim to determine if you have a valid case that entitles you to compensation.
Call (877) 288-3241 to get started today.
With a proven track record of success that has resulted in our team of legal professionals recovering tens of millions in compensation for our clients, we work quickly to obtain a fair and just result for your case.
We also offer complimentary consultations to determine the merits of your claim and in most instances, we only get paid when we obtain a recovery on your behalf.
Contact the personal injury lawyers at O'Connor, Acciani & Levy today for a free case evaluation to discuss your claim.