Every caregiver and caregiving institution has the obligation to meet an acceptable level of medical care when treating patients. These standards of care ensure that caregivers take the necessary steps to prevent their patients from being harmed during treatment. It is considered medical malpractice when treatment plans fail to meet these standards.
Our Cleveland medical malpractice lawyers at The Becker Law Firm are relentless in their pursuit of justice, and proudly serve victims across Ohio and beyond.
What is Medical Malpractice?
Medical malpractice occurs when a patient is injured due to the unsafe care provided by a medical professional, especially when the medical care goes outside the accepted standards of the industry. An “injury” in this context also describes a pre-existing condition that worsens because the right medical care was not given on time.
According to Ohio Revised Code §2305.113, medical malpractice can be caused by:
- Incorrect or unsafe diagnosis, care, or treatment by a medical professional, nursing home, or caregiver;
- Unsafe medical assistance or care provided by an in-home nursing care provider; or,
- Harmful or neglectful services of a residential care facility.
How Do I Know If I Have a Medical Malpractice Case?
Medical mistakes are more common than most people think. A study conducted by physicians and researchers at Johns Hopkins University estimates that medical errors may account for more than 250,000 deaths each year—more than accidents, strokes, Alzheimer’s, and other diseases. If you think you were hurt by medical malpractice, does it statistically mean that you were?
When wondering if medical malpractice has occurred, a simple question can be used as a starting point: “Would another reasonable medical provider in the same situation have made the same mistake that led to the patient’s injury?” If the answer is no, then medical malpractice may have occurred, and the guidance of a medical malpractice attorney should be sought.
Medical malpractice cases should also have these four elements to be legally valid:
- Duty of care: The medical provider/defendant should have owed a duty of care to the patient/plaintiff, which is typically established through a doctor-patient relationship.
- Breach of duty: It should be provable that the defendant breached the duty of care owed to the plaintiff. Any medical decision or treatment that goes outside the accepted standard of medical care could be considered a breach of that duty.
- Causation: The breach of duty must have been the cause of the patient’s injuries or worsened health condition.
- Damages: The patient’s injury or worsened health condition must have resulted in economic, non-economic, or financial losses and damages, such as increased medical bills, lost wages, pain, suffering, etc.
The easiest way to know if you have a case is to contact our Cleveland medical malpractice attorneys at The Becker Law Firm and arrange for a free initial consultation. If you suspect that you or a loved one may have been a victim of medical malpractice, please give us a call today. We can evaluate your case free of charge, as we believe there should be no financial obligation to learn if you have a potential claim for damages. Best of all, we take cases on a contingency basis, which means we will charge you nothing unless we win your case.
What Types of Errors Constitute Medical Malpractice in Ohio?
There are many ways in which medical care can go wrong, which includes:
- Post-operative mistakes
- Medication mistakes
- Failure to diagnose stroke
- Failure to diagnose heart disease
- Failure to diagnose cancer
- Emergency room errors
- Hospital malpractice
- Laboratory mistakes
- Nursing errors
- Surgical errors
- IV errors
- Lasik eye surgery mistakes
- Vertebral artery dissection
- Staph infection (MRSA)
Patients who are harmed because of the medical care they received, and whose injuries could (and should) have been prevented, are considered to be victims of medical malpractice.
Who Is Liable for Medical Malpractice Injury in Ohio?
Although medical mistakes are the result of actions taken (or not taken) by caregivers, these caregivers do not operate in a vacuum. Many caregivers are part of much larger institutions that are responsible for ensuring that their staff meets and exceeds accepted levels of care.
The ways in which these institutions are managed are such that extensive training and oversight are required in order to prevent medical malpractice. Examples of three institutional settings where medical malpractice may occur include hospitals, nursing homes, and emergency rooms.
The different ways in which patients may be harmed are as numerous as the ways in which medical care can go wrong. Some of the most severe and irreparable injuries that can result from medical malpractice include wrongful death, brain injuries, and spinal cord injuries.
Ohio Medical Malpractice Statute of Limitations
Ohio Revised Code §2305.113 sets the statute of limitations for most medical malpractice cases filed in Ohio State at just one year. The statute of limitations typically begins on the day the medical mistake occurred. When one year passes from that date, any medical malpractice claims filed after will most likely be rejected by the court.
Two uncommon medical malpractice statutes of limitations in Ohio are:
- Delayed injury: If you were not immediately aware of the injury caused by medical malpractice, the statute of limitations begins on the date that it was discovered or reasonably should have been discovered. However, you might be blocked from filing a claim if the injury or illness has persisted for longer than four years and you have not yet filed a claim, regardless of when it was discovered.
- Foreign object: If a surgeon left behind a foreign object inside your body during surgery, such as a piece of gauze, the one-year statute of limitations begins on the date that it was discovered or reasonably should have been discovered, regardless of when the object was erroneously left behind.
If the statute of limitations is drawing near and you have not filed a claim yet, we can consider a possible extension by notifying the medical provider of your intent to file a lawsuit. Such a notification should reset the statute of limitations to six months after the postmarked date of the letter.
How is Compensation Calculated in an Ohio Medical Malpractice Claim?
The damages owed to you in a medical malpractice claim will be based on your injuries and losses. We will take the time to fully understand your case and how your life has been affected by the medical malpractice, so we can better calculate the damages owed to you. Our Ohio medical malpractice attorneys don’t like to leave even $1 unclaimed if it should be given to a client instead.
The three main types of damages to pursue in an Ohio medical malpractice claim are:
- Economic: Tangible losses are considered economic or special damages, such as lost wages, past and future medical treatment costs, and other miscellaneous expenses related to your injury.
- Non-economic: Intangible losses are considered non-economic or general damages, such as pain, suffering, mental anguish, lessened enjoyment of life, and so on.
- Punitive: Ohio Revised Code § 2315.21 permits punitive damages in medical malpractice cases, which are meant to punish the defendant for egregious wrongdoing, not compensate the plaintiff for a loss.
Importantly, if you lost a loved one to medical malpractice, Ohio Revised Code §2125.01 does not limit the compensatory damages you can seek. Our Cleveland medical malpractice lawyers are well-versed in medical malpractice and wrongful death claims, so you can turn to us for legal guidance and moral support during such a trying time.
Does Ohio Have a Medical Malpractice Damage Cap?
- Under Ohio Revised Code §2323.43, economic damages are not limited or capped.
- Ohio caps non-economic damages in medical malpractice claims at $250,000 or 300% of the total economic damages, whichever is greater; in rare cases involving severe and permanent injuries, the limit can be raised to $500,000 or $1,000,000 if the court allows it.
- The punitive damage caps on Ohio medical malpractice claims are set at 10% of the employer’s or individual’s net worth (up to $350,000) or 200% of the combined total of economic and non-economic damages, whichever is lesser.
At The Becker Law Firm, we are not afraid to stand up to powerful medical institutions on behalf of our clients. Medical professionals, hospitals, and their insurance providers aggressively defend against lawsuits, employing armies of attorneys and experts to protect themselves against the costs of these suits. They will often claim they were not at fault by any means necessary.
Our medical malpractice lawyers in Cleveland, OH will work to assess the full extent of damages and seek compensation that best addresses your current and future needs. The lifetime costs of an injury can be overwhelming, and the institutions that caused them must be held fully responsible.
Informed Consent & Medical Malpractice in the State of Ohio
Section 2317.54 outlines the requirements and liabilities related to informed consent for surgical or medical procedures. This code specifies that hospitals, home health agencies, ambulatory surgical facilities, and providers of certain care programs cannot be held liable for a physician's failure to obtain informed consent unless the physician is directly employed by these entities. When medical professionals oversee a patient's care, they are required to obtain “informed consent” from the patient before moving forward with treatment.
Criteria for Valid Informed Consent
Written consent is presumed valid if it meets certain criteria. This means they must disclose information about the treatment or procedure to the patient, which may include:
- The nature of the condition
- The nature of the proposed treatment
- The probability of success of the proposed treatment
- The material risk to the patient if the treatment is unsuccessful
- Alternative treatments
They must also obtain the following:
- Acknowledgment from the person giving consent
- The signature of the patient or a legally authorized representative
Informed Consent as a Cause of Action
In Ohio, informed consent is a separate cause of action. In a medical malpractice case, plaintiffs can sue in cases in which the medical professional did not obtain informed consent. Arguably, informed consent should apply to a doctor’s experience with certain medical procedures.
Defenses Used Against Malpractice Claims
Medical professionals may defend themselves against accusations of malpractice by a number of means, including:
- Common Knowledge of Risks: Medical practitioners may argue that certain risks associated with a procedure are widely known and understood by patients. They may contend that these risks are so commonly recognized that explicit disclosure is unnecessary.
- Emergency Situations: In emergencies where obtaining formal consent is not feasible due to the patient's critical condition, medical providers may argue that they acted in the patient's best interest by providing immediate care. They may also assert that obtaining consent was impractical given the urgency of the situation.
- Patient's Informed Decision: Physicians may argue that the patient was fully informed and made a voluntary decision to proceed with the treatment despite knowing the associated risks. This defense relies on demonstrating that the patient understood the risks involved and consented to the procedure knowingly and willingly.
However, doctors, nurses, and other medical providers still have a duty of reasonable care to inform patients of the risks of a given procedure so that they can make informed decisions about their health. Failure to obtain informed consent can be a form of medical malpractice.
If you are pursuing a medical malpractice case in Ohio, it is important to hire an experienced Ohio medical malpractice attorney who understands informed consent and how it applies to these cases. When you contact The Becker Law Firm, we can answer any questions about informed consent or other legal issues you face in regard to your claim.
Wrongful Death from Medical Malpractice
Wrongful death occurs when someone dies due to the negligence of another person, service, or institution. In the case of medical malpractice, a wrongful death occurs when caregivers and/or caregiving institutions fail to meet acceptable standards of medical care.
Wrongful death lawsuits are about seeking full justice. They are the means through which we are able to hold doctors, nurses, and hospitals accountable for negligence. They are about recognizing loss and preventing similar tragedies from happening to other families.
The Becker Law Firm is equipped to get to the root of medical negligence. We understand the causes and types of injuries that lead to wrongful death, and we have resources and access to experts to help us direct the investigation and trace the negligence to its source.
Call our Cleveland medical malpractice lawyers today to schedule a free, no obligation consultation with an experienced member of our firm.
Holding Ohio Medical Professionals Accountable
If you or your loved one was injured, suffers from a permanent disability, or died as a result of medical malpractice, holding those caregivers accountable is more than just a right – it is a necessity. It is also a way to prevent future mistakes.
Having to pay large awards for medical mistakes is an incentive for caregivers and institutions to avoid making those same mistakes. By using the courts to hold them accountable, it ensures that your family has what it needs to cope with the consequences and protects other families from similar experiences.
As your representatives, our medical malpractice attorneys in Cleveland will get to the heart of your case, keep your family’s interests front and center, and won’t settle for anything less than the full justice you and your family deserve.
How Do I File a Malpractice Suit Against a Doctor or Hospital?
If you need to file a medical malpractice suit against a hospital or an individual doctor, the first thing you should do is reach out to our Cleveland medical malpractice lawyers. We can help you with all steps of your case, including the initial steps needed to determine if you have the legal grounds to even pursue a claim against the hospital or medical practitioner who hurt you due to negligence.
Information we can use to determine if you can file a medical malpractice claim might include:
- Medical records related to your health condition and the medical care that went wrong.
- Expert testimony from third-party medical professionals who can explain what went wrong and why.
- Photographic evidence of your injury that shows its severity or extent.
- Financial documents that detail how your financial situation has been worsened due to your injury or health condition.
- Daily journal that describes your day-to-day symptoms and hardships caused by the injury or health condition.
When we have created a solid claim using the available evidence and arguments, we can set about filing an injury claim in your name. We can begin by notifying the hospital or medical provider of your intent to file a lawsuit and give a summary of your damages, as well as the compensation you are demanding to make up for your losses. If this demand letter is not accepted, we will follow up by filing the claim in the right court before any statutes of limitations expire. From the start of your case, we will prepare it as if it is headed to court, so we will be ready if litigation becomes necessary.
How Long Will My Medical Malpractice Case Take?
Every medical malpractice case is unique in all its factors, including how long it will take to conclude. Most medical malpractice cases are contentious because medical providers and their insurers desperately try to avoid admitting liability for hurting a patient. With this said, the average medical malpractice case could take longer than a year if it can be settled. If the case goes to litigation, though, it can take several years to end.
Our Cleveland medical malpractice attorneys believe in honesty and transparency when working on a client’s case. We will never mislead you or give you false promises that your case will conclude in a certain amount of time. What we will do, however, is our best to keep your case moving without any unnecessary delays.
We’ve Recovered $600+ Million for Our Clients
- $4.75 million was reached in a tragic medical negligence case where a newborn girl sustained permanent brain injury and severe disability due to improper use of a vacuum extractor during birth, resulting in oxygen deprivation and trauma, despite clear signs of fetal distress and the need for a timely C-section.
- $4.5 million medical malpractice case for a a complex endovascular procedure performed by a surgeon with inadequate training and experience resulting in blood clots to the brain, stroke and paralysis.
- $3.75 million medical malpractice settlement for the family of a 56-year-old man who died of a fatal cardiovascular condition several hours after discharge from an emergency room at a community hospital in Ohio.
