If you or someone in your family has suffered a serious injury or death due to the negligence of a physician, contact an Ohio medical malpractice lawyer at Statman, Harris & Eyrich, LLC in Cincinnati and Dayton for a free consultation. With the expert support of highly skilled medical professionals, we can evaluate your case to see whether your right to compensation can be established in court.
We represent plaintiffs in medical malpractice cases such as the following:
- Surgical negligence, including claims for anesthesiology errors
- Birth injuries such as cerebral palsy or brachial plexus
- Lasik eye surgery claims
- Medication errors by hospitals, prescribing physicians, or pharmacists
- Failure to diagnose serious illness such as stroke or heart attack
- Delayed diagnosis of cancer
- Radiology errors
- Emergency room errors
- Negligent or incompetent treatment by hospital or nursing staff
In order to avoid dismissal at an early stage of the lawsuit, every medical malpractice claim must be supported by evidence presented by a physician qualified to express the opinion that the patient’s injuries or death were caused by the negligence of the defendant and not some other cause. We investigate the circumstances of your case thoroughly from the beginning so that your claim has the best possible chance of success under the facts and the law.
For a free consultation about your medical malpractice case, contact an experienced trial attorney at SH&E.
Medical Malpractice Law
Medical malpractice is a very serious problem in the U.S, with negligence by medical professionals being the third leading cause of death in the country. Only heart disease and cancer are responsible for more deaths according to the Journal of the American Medical Association.
Common Errors Made by Medical Professionals and Hospitals
Medical malpractice cases are among the most difficult cases to prove because of the complexity of the issues that may be involved. Fortunately, the number of errors made by hospitals, doctors, and nurses is relatively small but, when an error is made, the consequences to the patient can be catastrophic. Not every medical error involves malpractice, but certain types of errors are seen much more frequently than others and are the cause of most medical practice lawsuits.
Many cases of medical malpractice concern a missed or delayed diagnosis. If the patient has a serious disease such as cancer, a late or missed diagnosis means the cancer could have spread while it was not being treated. The key to determining whether or not the missed diagnosis is medical malpractice is whether or not a timely diagnosis would have been made by a reasonably competent and skilled physician in similar circumstances.
Injuries to a baby are perhaps the most heart-breaking medical malpractice cases but can be particularly difficult to prove. Brain injuries, causing the child to have seizures or cerebral palsy, can be the result of malpractice or another cause entirely. Fetal injuries can lead to the necessity for life-long medical treatment.
Negligent Prenatal Care for the Mother
Inadequate prenatal care can injure the mother, the fetus, or both. The obstetrician could fail to:
- Diagnose a medical issue of the mother, such as an Rh problem or gestational diabetes;
- Diagnose an ectopic pregnancy or a birth defect.
Negligence During the Birth
Common errors during birth that could harm either the mother or baby include:
- Not responding to fetal distress or performing a necessary cesarean section;
- Not anticipating a complicated birth because of a large baby or tangled umbilical cord.
During an operation, internal organs could be punctured, the wrong body part could be operated on, or a foreign object can be left within the body. Negligent post-op care can result in a serious infection.
Errors involving anesthesia are often more dangerous to the patient than surgical errors. These potent drugs can cause brain damage, permanent injury, or even prove fatal.
The wrong drug may be prescribed or given to the wrong patient. The most common medication error is the right drug but the wrong dosage.
Steps to Take if You Believe You Have a Medical Malpractice Case
1. Don’t let the Statute of Limitations Expire
A lawsuit must be filed during this time. In Illinois and Ohio, you have two years, while Florida allows four years.
2. Collect all Medical Records Concerning the Injury
Complete records must be provided to substantiate the claim.
3. Contact an Experienced Medical Malpractice Attorney for an Evaluation of Your Case
It can be difficult to determine whether or not there is an actionable case. An attorney who routinely deals with medical malpractice cases will review all pertinent information and conduct interviews with the patient and others. Many attorneys do not have the experience, time, or resources to pursue medical malpractice cases.
The complexity of these cases and the length of time they may take often results in an out-of-court settlement. However, insurance companies may reject these claims entirely or offer a totally inadequate settlement, making it necessary to fight them in court. The victim of a medical malpractice injury may have extensive medical expenses as well as a need for lifelong care. These cases are too important to trust to an attorney who has no experience with this type of case or the resources to stick with it to the conclusion.
Statman, Harris & Eyrich, LLC has attorneys with a depth of experience in medical malpractice cases. Due to a merger of two reputable firms in 2001, Statman, Harris & Bardach LLC and Kepley, Gilligan & Eyrich LLC, the law firm is able to effectively handle these difficult cases. If you are searching for an experienced and dedicated medical malpractice attorney, contact us for an evaluation of your case.
See a list of our services