Wilmington Medical Malpractice Attorney & Wilmington Medical Negligence Attorney

When does Medical Malpractice happen and what does it include?

Medical malpractice, also referred to as med mal, healthcare liability, doctor malpractice, hospital malpractice, or hospital negligence, occurs when a healthcare professional makes a careless (negligent) or reckless error, which results in harm to you, the patient. This can be particularly disturbing because we, as a society, rely on and trust our healthcare system, and especially our doctors, to provide quality medical care and act in our best interest. In total, Ohio residents who recovered on medical malpractice claims in 2009 received $258,370,436. That works out to $322,158 per recovering plaintiff. People in Wilmington and Clinton County, Ohio are injured every day due to negligent errors and sometimes even physician recklessness in hospitals and other healthcare facilities across the Greater Wilmington area.

Areas of medical malpractice include, but are not limited to:

• Doctor error
• Hospital error
• Surgical error
• Birth injuries
• Infant brain damage
• Medication error
• Failure to diagnose
• Misdiagnosis
• Nursing errors
• Nursing home errors

If you or a loved one has suffered at the hands of a negligent doctor or healthcare professional, you know how devastating this can be, particularly when the injuries sustained are serious, long-lasting, debilitating, or, worst of all, have caused a death. Doctors, like everyone else, should be held accountable for their negligence, and a Wilmington medical malpractice attorney can help you make sure that physician recklessness and negligence doesn’t go unpunished. Most importantly, however, a Wilmington medical malpractice attorney can help you get the compensation you deserve for your injuries.

Hospitals are one of the most likely places to become a victim of medical malpractice. Some hospitals in the Wilmington area include:

Countless physician and hospital errors in the Wilmington area go unprosecuted, despite causing serious injuries or even death to patients. Contact a Wilmington lawyer for hospital negligence today to help you pursue your claim if you believe that you or a loved one has been injured by hospital negligence or medical negligence.

Brain Trauma Sustained at Birth

Infant brain trauma is just one of many areas of medical malpractice law; however, it is a unique area because the long lasting effects of a birth brain injury will impact all areas of a child’s life. Many babies are injured during birth or do not survive the birthing process. The high strain placed upon the woman’s and baby’s body is extremely dangerous. The baby must deal with compression, contractions, twisting down the birthing canal, and being choked on the umbilical cord. As a result, many babies suffer injuries due to their oxygen supply being cut off or from the general strain from the birthing process. While the birthing process is difficult, the sad truth is that many times a baby’s injury is the result of hospital, doctor, or nurse negligence during the birthing procedure that could have been avoided altogether. Your baby may suffer from a long list of injuries such as: cerebral palsy, brachial plexus, birth hypoxia, shoulder dystocia, or Erb’s palsy.

If you believe that your child’s brain injury, learning disability, or physical or mental impairment might have been sustained during birth, you may have a legal claim against the doctor, nurse, and/or hospital. Contact a Wilmington medical malpractice attorney or Clinton County medical malpractice attorney to discuss your options.

For more information on damages potentially recoverable for brain injuries, click here.

Why do you need a Wilmington, OH Medical Malpractice Attorney?

No one wants to believe that their doctor has committed malpractice. The truth is that most Ohio doctors are excellent physicians and try very hard to cure or help their patients. Also, just because there was a bad result does not necessarily mean that a doctor has committed physician or surgeon malpractice. For this reason, a Wilmington malpractice lawyer will usually investigate a claim of medical negligence very carefully before agreeing to actually go forward with and file a medical malpractice lawsuit. Most times, a Wilmington medical malpractice attorney will hire an expert to review all the medical records, MRIs, films and all other types of medical evidence, and sometimes even have that expert meet and examine the client before commencing a malpractice claim. Having a trained Wilmington medical malpractice lawyer is essential when making a claim against a doctor or hospital. Rest assured that the insurance companies are armed with many malpractice defense lawyers and you need legal representation arguing on your behalf as well.

A final reason to retain a Wilmington medical negligence lawyer to represent you in your Wilmington or Clinton County malpractice claim is that a local lawyer probably knows a local expert who will testify at the trial or in a deposition if he or she makes a finding that negligence or recklessness was involved. Furthermore, it is readily accepted that Ohio juries have a tendency to give more credence to a local physician’s testimony than an expert from somewhere else. Wilmington residents prefer scientists and lawyers with a reputation of excellence in their community, whom they can trust to provide the most accurate, definitive, and comprehensive evaluation of each element of the lawsuit. For this reason, it is in your best interest to obtain representation locally within the Wilmington area.

If you, or a loved one, have suffered at the hands of a negligent medical practitioner, call one of the expert Wilmington medical malpractice lawyers listed above. Wilmington medical malpractice law firms know how to deal with healthcare defense lawyers and can help you make sure that justice is served.

Ohio Medical Malpractice Laws Overview

The following laws govern Wilmington, Ohio Medical Malpractice Law claims

• 1-year statute of limitations from the date of the breach or tort from completion of treatment in most cases (2305.113 Medical malpractice actions).
• Damage Caps:
• • Ohio caps non-economic damages (such as paint and suffering) in Wilmington medical malpractice cases at the larger of $250,000 or three times the economic damages. However, there is also a maximum of $350,000 per victim. The maximum amount increases to $500,000 per plaintiff in Wilmington Medical Malpractice cases where the victim suffers permanent and substantial physical deformity, loss of use of a limb, loss of a bodily organ system, or permanent physical injury that prevents self-care. Ohio law also sets a limit on punitive damages. Punitive damages are limited to twice the compensatory damages. Punitive damages are also limited to ten percent of net worth, up to a maximum of $350,000, when you sue an individual or small company.
• Note that different rules may apply to governmental immunity for malpractice claims. Contact a Wilmington medical malpractice attorney for further legal advice.

Other Important Considerations for Wilmington, Ohio Medical Malpractice Claims:

• Arbitration:
  • Ohio law does not require arbitration in medical malpractice actions, but non-binding arbitration is allowed.
• Periodic Payments:
  • If future damages are at least $50,000, Ohio courts may order periodic payment of future medical costs if any party so requests.
• Collateral Source Rule:
  • Ohio follows a modified Collateral Source Rule, meaning that a claimant’s recovery can be reduced by benefits paid from a source other than the tortfeasor, such as an insurance provider in some cases.
• Comparative Negligence:
  • Ohio law provides for a system of modified comparative negligence in all tort cases. This means that if the plaintiff bringing the claim is considered more than 50% responsible for his or her own injury, he or she is barred from recovering any damages at all. If the plaintiff’s fault is 50% or less, however, recovery is diminished in proportion to the percentage of fault.
• Joint & Several Liability:
  • Joint and several liability refers to the legal practice of holding more than one defendant jointly liable for the entire amount of a plaintiff’s damages. Additionally, either defendant may be held liable for the entire amount of damages and then must seek contribution from the other defendant after paying the plaintiff in full. In Ohio, for incidents occurring on or after April 9, 2003, a defendant may be held jointly liable only if his fault is greater than 50%.
• Vicarious Liability:
  • Vicarious liability refers to the legal practice of holding one party liable for the negligent or otherwise tortious actions of another, despite the fact that the party held vicariously liable was not directly responsible for the injury. For example, a hospital might be held vicariously liable for the negligent acts of one of its surgeons or nurses. Generally, Ohio hospitals can be held liable if the defendant doctor is an employee or if the patient came to the hospital for care with no intention of seeking the specific doctor who treated him.

If you have been harmed due to the negligent or reckless behavior of a doctor, hospital employee, or other healthcare professional, you may be entitled to compensation. Call one of the Wilmington medical malpractice attorneys listed above for a consultation regarding your claim before Ohio’s 1-year statute of limitations expires and you lose your legal rights!

Wilmington personal injury lawyers are experienced in handling medical malpractice and doctor and hospital negligence cases in both federal and state courts across the Greater Wilmington area. Just a few of the many courts in which Wilmington injury lawyers typically try cases are:

Personal Injury Attorneys Serve Wilmington and Surrounding Communities

Serving clients throughout Southwestern Ohio, including Beavercreek, Carlisle, Centerville, Cincinnati, Columbus, Dayton, Delhi, Fairborn, Fairfield, Florence, Forest Park, Gahanna, Goshen, Hamilton, Highland Heights, Hillsboro, Huber Heights, Independence, Kettering, London, Mason, Miami Heights, Middletown, Mount Orab, New Moorefield, Norwood, Pickerington, Piqua, Reynoldsburg, Springfield, Trotwood, Upper Arlington, Urbana, Westerville, Wilmington, Xenia, and other communities in Clinton County.

When you need someone in your corner, a Clinton County personal injury lawyer will be there for you. Call now to speak with an experienced Wilmington medical malpractice attorney today.