Medical Malpractice attorneys assist those people who have been injured by a medical professional, or medical institution, during the course of a treatment.
These injuries, whether caused by a doctor, nurse, or hospital; must represent a breach, or violation, in the standard of care in order for it to rise to the level of Medical Malpractice. Standard of care can be defined as the generally accepted practices or procedures that the doctor, nurse, or hospital would administer a patient with a particular ailment. For instance, if you have a headache and a doctor were to give you ibuprofen that resulted in you getting sick; it is probably not medical malpractice since ibuprofen is a generally accepted course of treatment for a headache. If you were to go in for surgery on your right knee, and the doctor performs the surgery on your left knee, then that would likely be medical malpractice as an injury was incurred that wasn’t part of a normal course of treatment. We can all agree that operating on the wrong body part is never part of a generally accepted plan to get a patient well.
Many times these cases can be resolved without having to actually file a lawsuit. Our lawyers use their extensive experience, both as litigators in court and as experienced negotiators when dealing with insurance companies, to obtain the best result for you.Whether you reside in Columbus, or in Lancaster, we have you covered. Check out the nearest location to you by clicking HERE
If I believe I have a Medical Malpractice case, how quickly do I need to consult with an attorney?
At Dagger Law, we believe it is best to consult an attorney early on in any personal injury type case. Primarily, this is because facts and circumstances are fresh in your memory, and it is easier to reconstruct the situation which lead to the malpractice case. It may be too early to determine whether malpractice is a factor, particularly in the case of long healing processes after a surgery or other illness. The question of “is this the way it should have been” might take a while to form in your brain. If that is the case, you typically have up to four years, from the date of the action that injured you, to file a lawsuit.
How much does it cost to pursue a Medical Malpractice case?
The last thing you need is a mounting attorney bill when you are potentially out of work and looking at significant medical bills. Dagger Law handles Personal Injury cases, such as Medical Malpractice, on a contingent-fee basis. This means that our firm collects a percentage of the overall settlement from an insurance company, or award from a trial, as compensation for our experienced legal counsel. Whether your case takes one month, or 18 months, our fee is always a percent of the award. Before retaining services from a Medical Malpractice attorney from Dagger Law, you will have a meeting with your attorney to discuss fees to ensure you understand how and when we will be paid. This is most frequently thought of as a “The attorney doesn’t get paid unless you get paid” arrangement, in plain language.
If I decide to pursue a case, how much can I expect to get?
In the State of Ohio, there are damage caps set in Medical Malpractice cases. There are also three kinds of compensation that can be awarded for a medical malpractice case, and it is important that you understand the difference between the award types, as well as how much you can expect to receive.
The first award type is called Compensatory Damages. This is the compensation for any actual costs incurred as the result of the injury. These include medical bills and lost wages, and there is no cap on this award. Think of this as getting paid back for whatever you have paid due to the injury.
The second award type is Non-economic Damages. This would be what most people think of as a “pain and suffering” award. In Ohio, the non-economic damages award has a cap. This gets tricky to describe, but for most cases the award will be no more than three times the compensatory damages (those items you already paid for) or $250,000. That limit does change based on severity of the case, and could be as high as up to three times compensatory damages or a cap of $500,000. Upon reviewing the details of your particular case, an attorney will have a better idea what part of the range you might fall into.
The final award type is Punitive Damages. As the name implies, this is for any financial reward that is intended to punish the medical professional, or institution, for any reckless behavior, fraud, or malice. These damages are capped at two times compensatory damages.
These damages might not always be pursued, or warranted, and it is important to consult with your medical malpractice attorney to understand what damages you might be entitled to based on the particular facts of your case.
Will an attorney travel to me, or do I need to come to your offices in either Lancaster or Canal Winchester?
While some meetings will need to be held in our offices, we do try to minimize your travel time by offering two convenient locations in both Lancaster and Canal Winchester, Ohio. It is our goal to minimize the disruption to your life caused by legal issues, and many communications or meetings can be conducted through emails or phone calls. In certain circumstances we realize that it isn’t possible for clients to reach us, and visits to your location may be required. If a Dagger Law attorney is retained to represent you, they will travel to the necessary court hearings and legal procedures in order to represent you, even if that court is across the state! Please note that in some instances the cost to represent your case may require an unusual amount of money due to travel expenses. In such cases, we may recommend using legal representation closer to the location of your case. We are happy to provide referrals in these instances, if we are able.