Beavercreek Medical Malpractice Lawyer
If you or someone you love was recently injured by medical malpractice, you need an attorney to help you with the legal process. Medical malpractice is one of the most complicated practice areas within personal injury law.
The Beavercreek personal injury attorneys at Elk & Elk have over five decades of experience representing injured patients and surviving family members. Contact us today to find out how we can help you.
Importance of a Medical Malpractice Attorney in Beavercreek, Ohio
Medical malpractice can cause life-changing injuries, such as nerve damage, internal injuries, brain damage, and significant pain and suffering. As an injured patient, you should not have to handle the legal process alone on top of dealing with your serious injuries.
Hiring a lawyer allows you to concentrate on what matters most – your recovery, while a skilled professional handles legal matters for you. Your lawyer will have the experience, resources and personnel to go up against any health care provider in Beavercreek on your behalf.
Do You Have a Medical Malpractice Claim?
The legal definition of medical malpractice in Ohio is an entity in the health care industry, such as a doctor, nurse or hospital, failing to meet the applicable standard of patient care despite knowing that it could cause harm to the patient.
Medical malpractice consists of four elements:
- A patient-doctor relationship existed.
- The defendant breached the appropriate standards of patient care.
- The breach of duty caused the patient to be injured.
- The patient suffered compensable losses.
Medical negligence is a health care provider falling short of the standards of care accidentally or unintentionally. You could have grounds to file a liability lawsuit in Ohio for both medical malpractice and medical negligence.
Common Examples of Medical Malpractice
Medical malpractice is a large practice area that can refer to many different specific mistakes and errors. Anything a reasonable and prudent health care provider would not have done in the same circumstances could constitute medical malpractice if it gave you an injury or illness.
Statistically, some of the most common types of medical malpractice are:
- Medication errors
- Misdiagnosis or delayed diagnosis
- Failure to diagnose or treat
- Surgical or anesthesia errors
- Wrong-site, wrong-patient or wrong-procedure surgery
- Birth injuries
- Premature discharge
- Medical product liability
Patients in Ohio have the right to bring medical malpractice lawsuits against doctors, surgeons, nurses, dentists, optometrists, hospitals, birthing centers and many other parties.
Frequently Asked Questions About Medical Malpractice Claims in Beavercreek, OH
- Q: Who is liable for medical malpractice?
A: An individual physician could be liable for committing medical malpractice if he or she is an independent contractor. If the person guilty of malpractice is an employee, however, the health care center could be vicariously liable.
- Q: How much is my claim worth?
A: The value of your medical malpractice claim is something you will need to estimate with assistance from an attorney. There is no such thing as an average settlement award. The amount will depend on factors such as injury severity and the availability of insurance coverage.
- Q: How long do I have to file?
A: In Ohio, you have a maximum of one year from the date of the medical error to file a medical malpractice lawsuit. The statute of repose (final deadline) is four years, even if you do not discover your injury or illness right away.
- Q: What should I do if I suspect medical malpractice?
A: Report your suspicions to the hospital right away. Receive any additional medical treatment you require. Start documenting the incident, by gathering your medical records. Then, consult with a medical malpractice lawyer in Beavercreek as soon as possible.
Contact Us Today
If you are a victim of medical malpractice, do not hesitate to consult with the Beavercreek, Ohio medical malpractice lawyers at Elk & Elk. We will listen to your story and answer your legal questions at no cost or obligation to hire us during a free case evaluation. Request a consultation today at 1-800-ELK-OHIO (1-800-355-6446).