Surgical errors are often a result of medical malpractice, which means you may be entitled to compensation for medical bills, lost wages, pain and suffering, and other damages.
The Cincinnati surgical error attorneys at our law firm may be able to help you pursue compensation. We are prepared to launch a detailed investigation as we try to build the strongest possible case. We have in-depth knowledge of Ohio's medical malpractice laws and how they apply to the specifics of your case.
These are just a few of the advantages of working with a Cincinnati medical malpractice lawyer who focuses his or her practice in surgical error cases. Schedule a free consultation with our lawyers to find out if we can help you. There is no fee for our services unless you end up receiving compensation.
Surgical errors are also called “never events” because they should never happen. Unfortunately, these “never events” happen quite frequently across the nation. According to an estimate from a study published in Surgery in 2012, these events happen more than 4,000 times per year.
These are some of the most common surgical errors our Cincinnati surgical error attorneys see. However, there are other examples of surgical errors that cause injuries to patients, such as:
If you have been a victim of a surgical error, contact a Cincinnati surgical error attorney at our firm for a free legal consultation.
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Surgical errors can cause a variety of severe, potentially life-changing injuries. Some common injuries and examples of the situations that can lead to them include:
If you suffered these or any other injuries because of a surgical error, you may be entitled to compensation through a surgical error lawsuit.
Contact our Cincinnati surgical error lawyers right now by calling (877) 288-3241.
There are many reasons why surgical errors occur. Some of the most common include:
A surgical error attorney in Cincinnati from our firm will review the reason for your surgical error to see if it meets the requirements for medical malpractice. Even though many of the errors above sound like obvious cases of medical malpractice, there are specific requirements that must be met to have a legitimate case.
Contact O'Connor, Acciani & Levy right now by completing a Free Case Evaluation form.
Ohio has specific requirements for proving you have a legitimate medical malpractice case. For example, when you file a medical malpractice lawsuit, you must include an affidavit of merit written by an expert witness, according to Ohio Rules of Civil Procedure Rule 10(D)(2).
The affidavit of merit must include the following three things:
The standard of care is the central issue in a medical malpractice case. The standard of care is a legal obligation to provide care that meets accepted medical standards. Another way of saying this is that the medical professional in question must provide care that is similar to what would be provided by a similarly trained medical professional in a similar situation.
The expert who writes the affidavit of merit for your case must explain how this standard was violated by the medical professional in question. For instance, maybe the surgeon who operated on you was intoxicated or used instruments that were not properly sterilized.
The expert must also show that the violation of the standard of care resulted in injuries. In other words, there must be a direct link between the actions of the doctor who treated you and the injury you suffered.
The surgical error lawyers in Cincinnati at our firm can find the appropriate medical expert to show how the standard of care was violated, resulting in your injury. We have handled many medical malpractice cases and know what it takes to be successful.
Call an experienced attorney right now at (877) 288-3241.
Every medical malpractice claim, including surgical error lawsuits, is governed by the medical malpractice statute of limitations.
This law imposes a one-year deadline for filing a medical malpractice lawsuit (ORC 2305.113(A)). The deadline is one year from the date of malpractice. If the one-year deadline passes, you will lose the right to file a lawsuit.
However, there are various exceptions to this one-year deadline. For instance, if the one-year deadline is approaching, you can get a 180-day extension by providing written notice of your intent to file a medical malpractice case (ORC 2305.113(B)(1).
ORC 2305.113(C)(1) governs situations where people did not immediately discover they were the victim of malpractice when malpractice occurred. This section says no medical malpractice lawsuit can be filed more than four years after the alleged malpractice occurred.
ORC 2305.113(D)(1) says that if an individual discovers he or she was the victim of malpractice before the four-year period passes, he or she has one year from the date of discovering malpractice to file a lawsuit. This applies no matter when the individual discovered malpractice.
According to ORC 2305.113(D)(2), claims involving foreign objects left in the body must be filed no more than one year after the person discovered the object, or one year from the time the victim should have discovered it with the exercise of reasonable care and diligence.
You should strongly consider working with a Cincinnati surgical error attorney on your case. The attorneys at our law firm have detailed knowledge of the statute of limitations in Ohio. When you contact our firm, we will review your situation to determine how much time you have to file a lawsuit.
You could be entitled to various forms of economic compensation for your surgical error lawsuit, such as medical bills and lost wages. Ohio law places no limitation on the amount of economic compensation you can recover.
However, there is a cap on noneconomic compensation in all personal injury lawsuits. ORC 2323.43(A)(2) says noneconomic compensation cannot exceed $250,000 or three times the amount of economic compensation, up to a maximum of $350,000 for each victim or a maximum of $500,000 for cases involving multiple victims.
There are two types of cases where these caps are raised to $500,000 per plaintiff or $1 million for cases involving multiple victims. These two types of cases are ones where the victim suffered:
However, if you are filing a lawsuit on behalf of someone who died because of a surgical error, there are no caps on damages for your case.
The Cincinnati surgical error lawyers at O'Connor, Acciani & Levy have detailed knowledge of these laws and how they apply to your case. We will pursue all the compensation you deserve, up to the limits imposed by the law. We know how valuable compensation can be as you attempt to move forward from this chapter of your life.
Call O'Connor, Acciani & Levy right now. (877) 288-3241
Surgical errors can cause devastating injuries that affect you for the rest of your life. You may need long-term medical treatment or even assistance with daily tasks you used to take for granted.
That is why our attorneys are prepared to fight for the compensation you deserve. Doctors who commit surgical errors should be held accountable for the harm they have caused.
Schedule a free, no obligation legal consultation today with a surgical error lawyer in Cincinnati. If you have a case and decide to pursue it, we will not charge for representing you unless you obtain compensation.
Contact our law firm today to find out if we can help you.
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.